HomeMy WebLinkAbout2-26-13 REVISED Agenda Packet1
City of Morro Bay
City Council Agenda
________________________________________________________________________
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life.
The City shall be committed to this purpose and will provide a level of municipal service and
safety consistent with and responsive to the needs of the public.
________________________________________________________________________
REVISED
REGULAR MEETING
TUESDAY, FEBRUARY 26, 2013
CLOSED SESSION
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR
NEGOTIATOR: Conference with City Manager, the City’s Designated Representative,
for the purpose of reviewing the City’s position regarding the terms and compensation
paid to the following employee organizations and giving instructions to the Designated
Representative: Firefighters Association (FFA), Police Officer’s Association (POA), and
Service Employee’s International Union, SEIU Local 620.
CS-2 REAL PROPERTY TRANSACTIONS -- GOVERNMENT CODE SECTION
54956.8: Instructing City's real property negotiator regarding the price and terms of
payment for the purchase, sale, exchange, or lease of real property as to one parcel.
Property: Right of Way Adjacent to 3420 Toro Lane
Negotiating Parties: G. Frye and City of Morro Bay
Negotiations: Voluntary Purchase and Sale
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
2
PUBLIC SESSION
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on
City business matters (other than Public Hearing items under Section B) may do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
When recognized by the Mayor, please come forward to the podium and state your
name and address for the record. Comments are to be limited to three minutes.
All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
The Council respectfully requests that you refrain from making slanderous, profane or
personal remarks against any elected official, commission and/or staff.
Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be requested
to leave the meeting.
Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72 hours
prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility
to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF CITY COUNCIL MINUTES FOR THE CITY COUNCIL MEETING
OF FEBRUARY 13, 2013; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA RESCINDING RESOLUTION 45-11 AND RESTORING
COMMERCIAL IMPACT FEES TO THEIR PRE JULY 1, 2011 LEVEL; (PUBLIC
SERVICES)
3
RECOMMENDATION: Adopt Resolution 16-13.
A-3 AWARD OF CONTRACT FOR MB-2012-H2, HARBOR PATROL VESSEL
REPLACEMENT AND BUDGET AMENDMENT TO COMPLETE FUNDING;
(HARBOR)
RECOMMENDATION: Award Contract and authorize necessary budget amendment.
A-4 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
SUPPORTING THE BUY LOCAL POLICY OF THE COUNTY OF SAN LUIS
OBISPO (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation
A-5 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
DECLARING TUESDAY, FEBRUARY 26, 2013 AS “WORLD SPAY DAY”;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-6 PRESENTATION BY THE MORRO BAY NATURAL HISTORY MUSEUM;
(ADMINISTRATION)
RECOMMENDATION: Receive presentation; no action is required.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 PUBLIC INPUT ON 2013 CITY COUNCIL GOALS; (ADMINISTRATION)
RECOMMENDATION: Open the public hearing and accept comment from the public
on Goals for the City of Morro Bay.
C. UNFINISHED BUSINESS - None
D. NEW BUSINESS
D-1 RESOLUTION NO. 15-13 ADOPTING THE MID-YEAR BUDGET AMENDMENTS,
PLUS THE MEASURE Q COMMITTEE REPORT AND THE DECEMBER 2012
PORTFOLIO PERFORMANCE; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 15-13, authorizing the budget
amendments as revised at this meeting.
D-2 DISCUSSION OF THE TEMPORARY IMPROVEMENTS AT THE CORNER OF
SHASTA AND DUNES STREETS; (RECREATION & PARKS)
RECOMMENDATION: Review the Recreation and Parks Commission’s
recommendation and provide staff with direction to either improve the area or
continue with its current use.
4
D-3 SELECTION OF TWO (2) PUBLIC WORKS ADVISORY BOARD MEMBERS;
(ADMINISTRATION)
RECOMMENDATION: Discuss applicant pool and appoint 2 members to the Public
Works Advisory Board.
D-4 DISCUSSION AND DIRECTION ON THE PROPOSAL TO UPDATE THE 2008
MANAGEMENT PARTNERS STUDY (ASSESSMENT OF CITY ORGANIZATION
AND FINANCIAL OPTIONS); (ADMINISTRATION)
RECOMMENDATION: Review the proposal from Management Partners to update the
2008 Assessment of City Organization and Financial Options document and provide
staff direction.
D-5 DISCUSSION AND RECOMMENDATION ON PROPOSED REVISIONS TO THE
COUNCIL POLICIES AND PROCEDURES; (CITY COUNCIL)
RECOMMENDATION: Review and discuss the proposed red-lined changes to the
Council Policies & Procedures and authorize changes to be made as approved by a
majority of Council.
D-6 DISCUSSION ON THE STATUS OF THE CITY OF MORRO BAY AND CAYUCOS
SANITARY DISTRICT WASTE WATER TREATMENT PLANT PROJECT AND
REVIEW AND APPROVAL OF LETTERS TO STATE AND FEDERAL
LEGISLATORS REGARDING SUPPORT AND FUNDING FOR THE PROJECT;
(CITY COUNCIL)
RECOMMENDATION: Provide status update and review, revise and approve letter for
distribution.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME
SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY
REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6205 FOR FURTHER INFORMATION.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL
AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION
AT CITY HALL LOCATED AT 595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625
HARBOR STREET; AND MILL’S COPY CENTER LOCATED AT 495 MORRO BAY BOULEVARD
DURING NORMAL BUSINESS HOURS.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL
ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S
OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING – FEBRUARY 13, 2013
VETERAN’S MEMORIAL HALL – 6:00P.M.
Mayor Irons called the meeting to order at 6:00 p.m.
PRESENT: Jamie Irons Mayor
Christine Johnson Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
Jamie Boucher City Clerk
Rob Livick Public Services Director
Amy Christey Police Chief
Steve Knuckles Interim Fire Chief
Eric Endersby Harbor Director
Susan Slayton Administrative Services Director
Joe Woods Recreation & Parks Director
Kathleen Wold Planning Manager
Cindy Jacinth Assistant Planner
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT – City Attorney Robert Shultz reported that City Council met in
Closed Session and no reportable action under the Brown Act was taken on the following items:
Lease Site 93-95/93W-95W, 901 Embarcadero; Lease Site 96/96W, 945 Embarcadero; and,
Lease Site 129W-131W, 1231 Embarcadero. Regarding Closed Session Item 887 Atascadero
Road, Council authorized staff to obtain an appraisal of the property.
PUBLIC COMMENT
Robert Davis, President of Morro Bay Friends of the Library discussed their upcoming remodel
of the library. He also advertised that they will be speaking at the Chamber Business Forum on
February 21st at 9am at the Embarcadero Grill.
Violette Nava, Hattie Taylor, Marisa Dinsmoor, and Maia Burton, all members of Del Mar’s
Student Council presented a report of what’s going on at Del Mar Elementary School. They are
participating in a school service project helping Woods Humane Society; they are celebrating
Read Across America Day on March 1st where they can dress as their favorite storybook
character; and, they are raising monies thru recycling efforts.
AGENDA NO: A-1 MEETING DATE: 2/26/2013
2
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
Karen Croley announced the Morro Bay Community Pool Foundation’s fundraising event,
“Cayucos Cellars Zinfandel Party #9” being held on Saturday, March 16th. The event will
feature entertainment, an auction and a Hawaiian buffet dinner.
Valerie Seymour expressed her support of the pool’s MOU that is being voted on tonight. This
has been a collaborative effort with huge commitments being made by all three of the
organizations. She feels though that the MOU is vague and instead would like to see the
involved groups’ commitment to %’s of dollars they are willing to commit to.
Pat Starkey, the Community Outreach Person for the pool project, also spoke on behalf of the
Morro Bay Community Pool Foundation and their efforts to build a pool locally.
Silvio DiSantis spoke as a new member of the Pool Foundation. He has spoken with many local
businesses and most are really enthused about the group’s commitment to getting a pool
established in Morro Bay.
Karen Croley also spoke on behalf of the City’s Recreation & Parks Commission stating that
they are in full support of the MOU.
Mandy Davis continues to be pleased with the City’s stance on the issue of acoustic seismic
testing. In Coast Alliance’s work, they came across information that PG&E has been doing
acoustic seismic testing which they called LESS (low energy seismic study). This is of great
concern as the decibel level of the testing is at 220 decibels or more. The Alliance has requested
the permits that allowed for this but have yet to receive them.
Barry Brannon spoke on an item he feels will be coming before Council in the future; the
abandonment of a piece of property which has been approved at the Planning Commission level.
He feels it is the City’s responsibility and primary goal to uphold and maintain the Local Coastal
Plan which he feels this abandonment doesn’t do.
Bill Martony also spoke on the abandonment of the property which is located on the west side of
Highway 1. The City owed piece of property is 15,000 square feet and Mr. Martony feels that
there are better uses of this property; City land should be used for the good of all.
Bill Shirkey spoke on the adoption of Resolution 14-13, restoring residential impact fees to their
pre-October 23, 2012 levels. His concern is with the grandfathering language as he has a current
project in the pipeline. He has submitted plans and made payments in September 2012 and
January 2013. And as of today, he submitted complete plans and paid for his permit. He is
hopeful Council will take fair consideration in performing due diligence in grandfathering in his
and other applications.
Phil Kerno also spoke in support of the Pool’s MOU. This is a coastal community who should
have a thriving swim culture.
Elias Nimeh spoke as the Executive Director of the County Senior Nutrition Program. This
program serves 200 seniors in the Morro Bay area, most of those free of charge. The meal
program is important to seniors as it extends their good health as well as extends their
3
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
opportunities for independent living. They need every communities’ help to keep this important
lifesaving program going and urged Council’s support.
Lynda Merrill spoke in support of Item C-2 (Discussion on Potential Rezone and General Plan
Amendment for the M-1 area along Atascadero Road Specifically the Wastewater Facility Site
and Surrounding Area) and Item D-2 (Discussion on the Status of the City of Morro Bay and
Cayucos Sanitary District Waste Water Treatment Plant Project and Approval for City to Send
Letters to State and Federal Legislators Regarding Support and Funding for the Project). She
also hoped that at the conclusion of the goal setting workshop, there would be a report about
what is being considered, in what order things might be taken care of and what we can and what
we can’t do.
Carla Wixom addressed the Closed Session Property Transaction Item: Property: 887 Atascadero
Road, Negotiating Parties: Clarice E. Righetti Trust and City of Morro Bay, Negotiations:
Voluntary Purchase and Sale. She spoke of the Coastal Commissions site visit and it was her
understanding that they felt that this was an inferior site. Other issues present on the site include:
it is outside of the City limits and would require rezoning by the County, it is prime ag grazing
land; it floods every year; it is a large archeological site; the Cambria earthquake fault runs
through it; it interferes with coastal ranges and is a view shed; and, it abuts approximately 50
Morro Bay homes. There would be visual impacts on the street and to the neighbors. She urged
Council that before you spend $2 million of rate payers’ dollars, to reconsider this location.
Mayor Irons closed the public comment period.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF CITY COUNCIL MINUTES FOR THE CITY COUNCIL MEETING
OF JANUARY 22, 2013; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 PRESENTATION BY THE MORRO BAY NATURAL HISTORY MUSEUM;
(ADMINISTRATION)
RECOMMENDATION: Receive presentation; no action is required.
A-3 ADOPTION OF ORDINANCE NO. 582 REPEALING AND REPLACING MORRO
BAY MUNICIPAL CODE SECTIONS 5.28 AND 5.30 WITH NEW SECTION 5.30
RELATING TO VIDEO SERVICE PROVIDERS; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Ordinance 582.
A-4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR PROJECT NO.
MB2011-S2: MORRO BAY LIFT STATION #2 REPLACEMENT; (PUBLIC
SERVICES)
4
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
RECOMMENDATION: File the Notice of Completion for Morro Bay Lift Station #2
Replacement Project.
A-5 RESOLUTION NO. 11-13 ACCEPTING $100,000 GRANT FROM THE STATE OF
CALIFORNIA CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM;
(POLICE)
RECOMMENDATION: Adopt Resolution No. 11-13.
A-6 RESOLUTION 13-13 AMENDING THE CITY OF MORRO BAY ADVISORY
BOARDS HANDBOOK AND BY-LAWS; (CITY ATTORNEY)
RECOMMENDATION: Review the attached Advisory Board Handbook and By-Laws
and approve Resolution 13-13.
A-7 2012 TROLLEY SEASON SUMMARY; (PUBLIC SERVICES)
RECOMMENDATION: Receive and file the 2012 Trolley season summary.
Item A-2, Presentation by the Morro Bay Natural History Museum was not made.
Councilmember Smukler pulled Item A-6 from the Consent Calendar.
MOTION: Councilmember Christine Johnson moved the City Council approve Items
A-1, A-3, A-4, A-5, and A-7 of the Consent Calendar as presented. The motion was
seconded by Councilmember Nancy Johnson and carried unanimously 5-0.
A-6 RESOLUTION 13-13 AMENDING THE CITY OF MORRO BAY ADVISORY
BOARDS HANDBOOK AND BY-LAWS; (CITY ATTORNEY)
Councilmember Smukler pulled this item for public information as he wanted to point out that
the Public Works Advisory Board would be increasing its members from 5 to 7. He also
requested information on the Planning Commission’s meeting schedule change. He feels it’s
important to continue to have that Commission meet bimonthly.
MOTION: Councilmember Nancy Johnson moved for approval of Item A-6, adoption
of Resolution 13-13 as presented. The motion was seconded by Councilmember Leage
and failed 2-3 with Mayor Irons and Councilmembers Christine Johnson and Smukler
voting no.
MOTION: Councilmember Smukler moved for approval of Resolution 13-13, the
Advisory Board Bylaws as presented with the exception of the section of the Planning
Commission’s Procedures: remove “… held monthly...” and replace with “… held twice
a month…”. The motion was seconded by Councilmember Christine Johnson and
carried 3-2 with Councilmembers Nancy Johnson and Leage voting no.
5
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 PUBLIC INPUT ON 2013 CITY COUNCIL GOALS; (ADMINISTRATION)
City Manager Andrea Lueker announced the first of two opportunities for the public to address
Council on goals for the upcoming year.
Mayor Irons opened the Public Hearing for public comments.
Bill Martony felt that it was important for tourism and locals alike for the parking lot at Morro
Rock to be more aesthetic and user friendly – possibly landscaped and have stairs down to the
beach.
Dorothy Cutter requested the Council look at the Granny Unit Law/Secondary Units.
Karin Moss hoped that Council continues making tourism marketing a major goal of the
community. She reminded Council that Morro Bay tourism is a primary source of our revenue
and income.
Kathleen Karle hoped Council would consider a City Tobacco Retail Licensing Ordinance which
would allow for consistent compliance as well as it is the best strategy for reducing sales of
tobacco to underage minors.
Melissa Peters concurred with Kathleen Karle.
Aaron Ochs feels we should be offering incentives to bring in more and more diverse
entertainment/music/events to Morro Bay. After speaking with many business owners, he found
that it takes 5-7 years to construct and get businesses operational in Morro Bay and many get
frustrated with that – his hope is that we could make this more streamlined (process and codes).
We need to grow Morro Bay organically.
Barry Brannon feels a big issue is how we look to tourists. Highway One in North Morro Bay is
very unattractive as the dead trees that Cal Trans cut are still there. He feels we should reinstate
Code Enforcement as that will make our City look better.
Silvio DiSantis also feels that Highway One could look much better. If we replaced the chain
linked fence with a better quality and more aesthetic looking fencing, that would enhance our
look.
Mayor Irons closed the Public Hearing.
B-2 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDING
RECOMMENDATIONS FOR 2013/2014 (PUBLIC SERVICES)
Assistant Planner Cindy Jacinth presented the staff report.
Mayor Irons opened the Public Hearing for public comments.
6
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
Elias Nimeh reiterated his program’s need for community and public funds in order for their
program to continue. He also said he is available for questions if there were any.
Mayor Irons closed the Public Hearing.
MOTION: Councilmember Nancy Johnson moved approval of B-2 as submitted. The
motion was seconded by Councilmember Smukler and carried unanimously 5-0.
B-3 2012 ANNUAL WATER REPORT; (PUBLIC SERVICES)
Planning Manager Kathleen Wold presented the staff report.
Mayor Irons opened the Public Hearing for public comments.
Barry Brannon stated that we haven’t had any rain which will affect our water supply. He also
said that starting this year, there will be cutbacks to our state water supply delivery. This is the
time to talk about water.
Mayor Irons closed the Public Hearing.
Councilmember Smukler stated that while we are stable right now, we are just a drought away
from trouble.
MOTION: Councilmember Smukler moved for approval of the 2012 Annual Water
Report. The motion was seconded by Councilmember Nancy Johnson and carried
unanimously 5-0.
C. UNFINISHED BUSINESS
C-1 ADOPTION OF RESOLUTION 14-13 RESTORING RESIDENTIAL IMPACT FEES
TO THEIR PRE-OCTOBER 23, 2012 LEVEL AND DISCUSSION OF COMMERCIAL
IMPACT FEES; (PUBLIC SERVICES)
Public Services Director Rob Livick presented the staff report.
Mayor Irons requested that this item be looked at in two parts – residential and commercial.
Councilmember Smukler affirmed his support for the definition of “in the pipeline”.
MOTION: Mayor Irons moved approval of Resolution 14-13 restoring residential
impact fees to their pre-October 23, 2012 levels. The motion was seconded by
Councilmember Smukler and passed 3-2 with Councilmembers Nancy Johnson and
Leage voting no.
Councilmember Nancy Johnson agrees with information that City Attorney Rob Schultz shared
and suggests making the commercial impact fee waivers City-wide until July 2014. She did find
out that we currently don’t have an agreement with Rabobank for the loan program. She is also
7
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
in favor of working with the Economic Development Director letting business property owners,
many of whom don’t live in Morro Bay, know that this program exists. In the long run, this will
prove to be valuable as the increased income from better looking business properties will
improve our City’s sales tax revenues.
Councilmember Christine Johnson wanted to focus this on the Old Town area but understands
that without an AB1600 Impact Fee Study, we can’t. She would like to see the Chamber,
through their Economic Development program, flesh out what it is that would be the kinds of
projects Morro Bay needs, and then incentivize those to come. She said that the Chamber is
getting ready to send a survey to the entire Morro Bay community to see what kinds of
businesses we are lacking. She thinks we should wait until the results of that study are known,
giving us more knowledge and a better plan, before looking at the potential of moving forward
with waiving any commercial impact fees.
Councilmember Leage would like to see the commercial impact fee waiver that is currently in
place continue through July 2014. We need to try and stimulate work. He doesn’t feel a lot of
people received the initial information.
Councilmember Smukler continues to feel that the City’s infrastructure is the first priority. He is
willing to have future discussion about what a program could look like but at this point we need
to start at square 1 as opposed to backing into square 1. He would like to see us move forward
without the impact fee reductions.
Mayor Irons wants to spur on economic development revitalize our downtown. We also have a
Parking-in-Lieu Fee Resolution about to expire. Economic Development should be something
we set as one of our goals. For our commercial areas to see the benefit of impact fee reductions,
he feels we need to do something more robust, not just through 2014. Considering the amount of
time it takes to bring forward a project to construction, we need to set economic development as
a goal specific to our commercial sector. If we want to make incentives for commercial growth,
it needs to be done beyond 2014 and it needs to be restructured into an entire economic
development plan that will include much more than just impact fee reductions.
Councilmember Christine Johnson stated that it is the Council’s responsibility to find balance in
promoting commercial development and ensuring we have a strong future with our infrastructure
needs. With a new focus and direction, Council hopes to have a full court press on how to help
the entire City.
MOTION: Councilmember Smukler moved to reestablish the commercial impact fees
to the 2007 level. The motion was seconded by Councilmember Christine Johnson and
carried 3-2 with Councilmembers Nancy Johnson and Leage voting no.
C-2 DISCUSSION ON POTENTIAL REZONE AND GENERAL PLAN AMENDMENT
FOR THE M-1 AREA ALONG ATASCADERO ROAD SPECIFICALLY THE
WASTEWATER FACILITY SITE AND SURROUNDING AREA (PARCELS
066331032, 066331033, 066331034, 066331038, 066331039 (PORTION), 066332001,
066332002, 066333002); (PUBLIC SERVICES)
8
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
Public Services Director Rob Livick pointed out in the analysis of the various parcels
surrounding the area, we inadvertently attributed ownership of some of the parcels to the City of
Morro Bay and instead should be designated as jointly owned property with the City and
Cayucos.
Planning Manager Kathleen Wold presented the staff report.
Councilmember Smukler feels that with the treatment plant being moved, this is a good time to
be looking at this. Also, with the construction of the bridge over the creek happening soon, the
potential for this land is big as it is being severely underutilized. This is the only City owned
beachfront property. Now is the time to start planning more aggressively for our long term
vision for Morro Bay.
Councilmember Nancy Johnson is opposed to doing a single re-zoning. The City’s LCP has to
be updated, the maps are outdated and incomplete, and the General Plan has to be updated. This
is in direct conflict to long term planning – we are just taking one small section of town. She
also wondered how people’s businesses were going to be affected by this. The City needs an
industrial zone for its economic base. Finally, she wondered when construction of the bridge
over the creek will begin.
Public Services Director Livick stated that we were waiting for a signed agreement from Cal
Trans so that we can begin the planning and design process for the bridge; the construction
dollars are planned to come in the year 14/15.
Councilmember Christine Johnson believes this falls into our overall plan for the City. The area
hadn’t been on the table for discussion as it had a different use. As a side benefit, we will get a
map update. The number one reason people come to California is the beaches and that’s what
we have here; and this would be a good time to discuss what else could be there in the future.
Councilmember George Leage stated that the high school is there, how are we going to make this
a thru-way down there? There will be a lot of added congestion. He also wondered that if we
can’t find a place for the wastewater treatment plant and it has to come back – would the area
have to be rezoned again?
Mayor Irons agreed that the City has a lot on its plate and doesn’t want to see something like this
distracting us from getting the General Plan and LCP completed. At the same time, having
discussions and moving forward on this wouldn’t mean that it is going to take precedent as we
still have to go through the goal setting process.
A majority of Council felt it important to move forward in gathering information on costs,
realizing that through goal setting, this may or may not take precedent. Staff was directed to
gather information with consultants through an RFP process – get proposals on more refined
costs for environmental review, costs to prepare maps, etc… Once the goal setting occurs, it will
be determined where this falls in with the priorities. This information needs to be provided by
March 13, 2013.
C-3 DISCUSSION AND RECOMMENDATION ON THE SELECTION PROCESS FOR
VOLUNTEER COMMUNITY SERVICES COORDINATOR; (CITY COUNCIL)
9
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
City Manager Andrea Lueker presented the staff report. She recommended that an adjustment be
made to the job description in the “housing” of the volunteer position. She suggested that the
phrase “…located at the Senior Citizen’s Inc. …” be replaced with“… located in a City
facility…”.
Councilmember Nancy Johnson has been working on this for quite some time and would be in
favor of moving forward in the process and begin the advertising process.
Councilmember Smukler is glad to see this item back and is support of moving forward. He felt
there were key items that he would like to see added to the job description in order for it to
function more efficiently: a phone number, voice mail account, physical computer, email
account, business cards, and miscellaneous office supplies. He would see those being added to
the section that stated: “… and physically located at a City facility and would likely be supplied
with the following resources: (above)”.
Councilmember Nancy Johnson felt it important that this person be allowed the use of a City
vehicle. She also felt it important to advertise the position; she would like to see the most
qualified person receive this position.
Councilmember Christine Johnson has been very inspired by the work of the EBAC – Estero
Bay Alliance for Care.
Councilmember Leage felt this is a wonderful thing that is being done.
Mayor Irons asked if there had been any consideration as to the length of time for the person’s
commitment to the position – 1 year then reapply or what kind of timeframe.
Councilmember Johnson felt that there should and could be a quarterly report given and likes the
potential of a 2 year commitment.
MOTION: Councilmember Nancy Johnson moved approval of the job description
with the amendment of physical location to read “City facility” and approve the selection
process. The motion was seconded by Mayor Irons and carried unanimously 5-0.
D. NEW BUSINESS
D-1 APPROVAL OF MOU BETWEEN THE ESTERO BAY COMMUNITY POOL
FOUNDATION, SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT AND CITY
OF MORRO BAY REGARDING THE ESTERO BAY COMMUNITY POOL
PROJECT ”; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods presented the staff report.
Councilmember Nancy Johnson is totally and completely in favor of this MOU. She did
question the lack of % monetary commitment from the various organizations though.
10
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
Councilmember Smukler is also very excited we are moving forward with this. He wasn’t aware
that the County was no longer interested; he contacted Supervisor Gibson’s office and he said
they felt there was some potential interest. Also, given the cost of energy, he challenged the
project to the highest standards of energy efficiency.
Mayor Irons directed Director Woods to contact the County and report back to Council with an
update on how that dialogue is proceeding.
MOTION: Councilmember Christine Johnson moved approval of Item D-1, Approval
of MOU between the Estero Bay Community Pool Foundation, San Luis Coastal Unified
School District and the City of Morro Bay regarding the Estero Bay Community Pool
Project. The motion was seconded by Councilmember Smukler and carried unanimously
5-0.
D-2 DISCUSSION ON THE STATUS OF THE CITY OF MORRO BAY AND CAYUCOS
SANITARY DISTRICT WASTE WATER TREATMENT PLANT PROJECT AND
APPROVAL FOR CITY TO SEND LETTERS TO STATE AND FEDERAL
LEGISLATORS REGARDING SUPPORT AND FUNDING FOR THE PROJECT;
(CITY COUNCIL)
Mayor Irons presented a brief oral report requesting consensus of Council to reach out to State
and Federal constituents by sending letters asking for support and to put on their radar screen that
we are looking for funding potentials.
Councilmember Nancy Johnson feels we are being premature as we haven’t met with Cayucos
yet. She doesn’t feel we can send out letters without a project manager and without the status of
our joint agreement.
Councilmember Leage also feels the need to see what Cayucos has in mind.
Councilmember Christine Johnson is looking forward to meeting with our JPA partners. If we
are looking for sources of funding then it is in the best interest of the rate payers in both
communities to find funding sooner than later.
Councilmember Smukler stated that it is never too soon to reach out. We are moving forward
with building a new wastewater treatment plant and looks forward to any help that they could
bring. He also hopes that we will continue to have a placeholder on the agenda to talk about
wastewater treatment plant project issues.
Councilmember Nancy Johnson thanked Mr. Enns for staying through this meeting. She
reiterated that we don’t have a project yet; we don’t know what Cayucos is going to do until
tomorrow; and it can’t hurt to wait one more day to formulate letters.
Mayor Irons stated that the remarks regarding Cayucos are well founded. He is in support of
drafting these letters to be brought back in 2 weeks requesting help and funding support. The
sooner the letters get sent out, the quicker we get on their radar screens.
11
MINUTES - MORRO BAY CITY COUNCIL – FEBRUARY 13, 2013
There was no motion taken on this item; draft letters are to be brought back in 2 weeks to the
next meeting.
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Christine Johnson requested a report summarizing the outcome of the Street
Summit; Mayor Irons and Councilmember Smukler concurred.
Councilmember Smukler requested a review of what a Volunteer Budget Review Committee
would look like; Mayor Irons and Councilmembers Christine Johnson and Leage concurred.
Councilmember Smukler requested an update on LESS (Low Energy Seismic Study);
Councilmembers Christine Johnson and Leage concurred.
ADJOURNMENT
The meeting adjourned at 9:50pm.
Recorded by:
Jamie Boucher
City Clerk
RESOLUTION NO. 16-13
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RESCINDING RESOLUTION 45-11 AND RESTORING COMMERCIAL
IMPACT FEES TO THEIR PRE JULY 1, 2011 LEVEL
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council adopted Resolution 47-07, setting impact fees for
development based on a comprehensive development impact fee justification study; and
WHEREAS, the City Council determined that impact fees, with the adoption of
Resolution 47-07, shall be reduced by 50-percent to the greatest extent practical without
affecting existing fees; and
WHEREAS, on June 14, 2011 the City discussed and voted to place a
moratorium on Commercial Impact Fees for three years; and
WHEREAS, on June 28, 2011 the City Council adopted Resolution 45-11,
establishing the three year moratorium on development impact fees on commercial
projects and modified the Resolution to include “mixed use projects”; and
WHEREAS, on August 23, 2011, the City Council ratified Resolution 45-11, to
clarify the inclusion of the “mixed use projects”; and
WHEREAS, on January 22, 2013 the City Council discussed the issue of impact
fees; and
WHEREAS, on February 13, 2013 the City Council adopted Resolution 14-13
eliminating the reduction in Residential Impact Fees and also voted to eliminate the
moratorium on commercial impact fees; and
WHEREAS, on February 13, 2013 the City Council also determined that those
projects that had relied on the Commercial Fee reduction shall not be subject to the
reinstatement of commercial impact fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Morro Bay, California, does hereby rescind Resolution 45-11 restoring commercial
impact fees to their pre July 1, 2011 level; and
BE IT FURTHER RESOLVED that those projects that have “Technically
Complete” Planning Applications after July 1, 2011, but before the date of this resolution
shall only pay those impact fees as set by Resolution 45-11; and
AGENDA NO.: A-2
Meeting Date: 2/26/13
BE IT FURTHER RESOLVED that those projects that have complete Building
Permit Applications after July 1 2011, but before the date of this resolution shall only pay
those impact fees as set by Resolution 45-11.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 26th day of February, 2013 on the following vote:
AYES:
NOES:
ABSENT:
______________________________
JAMIE L. IRONS, Mayor
ATTEST:
_____________________________
JAMIE BOUCHER, City Clerk
Staff
Report
TO: Honorable Mayor and City Council DATE: February 19, 2013
FROM: Eric Endersby, Harbor Director
SUBJECT: Award of Contract for MB-2012-H2, Harbor Patrol Vessel Replacement and
Budget Amendment to Complete Funding
RECOMMENDATION
City Council award bid Contract MB-2012-02 for a new Harbor Patrol vessel to D.R. Radon Boatbuilding in
addition to authorizing a budget amendment of $121,760 to complete funding for the project.
FISCAL IMPACT
When the initial $200,000 was budgeted, it was done with the knowledge that further funding would be
needed and sought. With an $80,000 grant secured from the Department of Boating and Waterways (DBW),
there is still a funding shortfall of $121,760. A Cable Committee grant proposal of another $80,000 is
pending, but at this time is not secured. In addition, staff is intending to apply for a second DBW grant of
the same amount in the upcoming 2013/2014 grant cycle, but again, at this point it is not secured. Finally,
staff is also in contact with the USDA about the possibility of USDA grant funding from one of their grant
funding lines.
In order to make up the full shortfall, staff is requesting that an additional $121,760 be transferred from the
Harbor Accumulation Fund to the Equipment Replacement Fund. The current balance available in the
Harbor Accumulation Fund is approximately $500,000. Should further grant funding be secured, those
amounts will offset those needed from the Harbor Accumulation Fund.
Once the new vessel is completed and fully operational, re-evaluation of the department's vessel fleet will be
performed. It is anticipated that additional funds will be obtained with the sale of the surplus vessel capacity
in the department. Surplus amounts ranging between $30,000 to $50,000 are estimated, which will be
returned to the Harbor Accumulation Fund.
SUMMARY
AGENDA NO: A-3
MEETING DATE: February 26, 2013
Prepared By: ________ Dept Review:_____
City Manager Review: ________
City Attorney Review: ________
2
Harbor Patrol Vessel 68 is in need of replacement as the Harbor Department's primary all-weather response
and rescue vessel. The planning and budgeting processes for this project began during the spring of 2012.
$200,000 of Harbor Accumulation funds were budgeted in FY 2012/2013, $80,000 in grant funding is
currently secured, and further grant funding is aggressively being pursued as was discussed when the initial
funding was allocated. Requests for Proposals were put out, and a lowest responsible bid for the project
received. Award of the contract to construct the vessel as well as additional City funding is being requested
of the City Council, after approval of which construction will begin. The deadline for use of the secured
DBW grant mandates a speedy award and commencement of the project.
BACKGROUND
On January 18, 2012 Harbor Patrol Vessel 68, the department's primary response and rescue vessel built in
1984, suffered a significant structural failure on the hull bottom while on an emergency call. Although the
vessel was successfully repaired and returned to limited service, there became a need to begin the process to
secure a replacement primary vessel. With Council direction to build a replacement, $200,000 was
transferred from the Harbor Accumulation Fund to the Equipment Replacement Fund for the project during
the FY 2012/2013 budget process. In addition, $80,000 was secured in September, 2012 from a DBW
Equipment Grant, while another $80,000 grant has been applied for from the Central California Joint
Cable/Fisheries Liaison Committee Commercial Fishing Industry Improvement Fund grant program.
Consideration of that grant by the Cable Committee is pending; we will hear by February 27, 2013. A
public Request for Proposals bid process for vessel construction was conducted beginning late 2012, bids
were due and opened on February 7, 2013, and D.R. Radon Boatbuilding was the lowest responsible bidder.
DISCUSSION
Following the incident on Vessel 68, staff began the scoping process to replace the vessel. The initial
estimate last spring for replacement was $250,000-$300,000 for a 26-27 foot twin-engine gasoline-powered
vessel. However, as the vessel was scoped, other patrol agencies queried, and potential boat builders
contacted, it was determined that a 28-30 foot diesel-powered twin-engine vessel would be the best all-
around platform to meet the various modern mission requirements of the City including search and rescue,
fire fighting, and vessel assist. As such, the bid specifications were created using those parameters.
Requests for Proposals went out on January 14, 2013 and were due and opened on February 7, 2013. Two
bids were received; one from D.R. Radon Boatbuilding of Goleta, and one from Anderson Custom Boats,
also of Goleta. Bids were $401,760 and $529,000, respectively.
Upon the bid award and the budget amendment approval, construction of the vessel will begin immediately.
Pursuant to the DBW grant, the deadline for completion, delivery, and acceptance of the vessel is September
30, 2013.
CONCLUSION
Last spring the process was begun to replace Vessel 68 as the department's primary all-weather response and
rescue vessel. A low bid has been secured, and a contract for construction is ready for award by Council.
Additional funding is required. Staff is requesting and recommending award of the contract and a budget
amendment to complete funding of the project.
A PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY
SUPPORTING THE BUY LOCAL POLICY
OF THE COUNTY OF SAN LUIS OBISPO
CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is committed to preserving local agricultural land
and ag open space within its city limits and hosts two weekly Farmer’s Markets as well as a
community garden where citizens engage in urban agriculture; and
WHEREAS, extraordinary agricultural products are produced year around, within San
Luis Obispo County; and
WHEREAS, public institutions play a vital role in providing leadership and setting an
example in support of a sustainable food supply; and
WHEREAS, many restaurants in our City buy locally and feature locally grown food on
their menus not only to provide patrons with excellent food but also to showcase regional
specialties; and
WHEREAS, Buying Local supports our local economy, keeps money circulating within
our own community and helps ensure food security by keeping local farms and ranches in
production, and
WHEREAS, fresh food is healthier and tastier and helps fight the obesity epidemic; and
WHEREAS, Buying Local may help us decrease our carbon footprint by reducing long
distance transportation and large scale packaging, storage and preparation of food.
NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Jamie L. Irons and the City
Council of the City of Morro Bay, hereby proclaim support for Buying Local and urge city
residents to purchase and consume local agricultural products to help promote economic vitality,
support our local foodshed and to promote public health by making fresh and nutritious produce
readably available for all.
IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the City
of Morro Bay to be affixed this 26th day of
February, 2013
JAMIE L. IRONS, MAYOR
City of Morro Bay, California
AGENDA NO.: A-4
Meeting Date: 2/26/13
A PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY
DECLARING
Tuesday, February 26, 2013 AS
“WORLD SPAY DAY”
CITY COUNCIL
City of Morro Bay, California
WHEREAS, pets provide companionship to more than 71,000,000 households in the
United States; and
WHEREAS, humane societies and animal shelters have to put down millions of cats,
dogs, rabbits and other animals each year, many of whom are healthy and adoptable, due to a
lack of critical resources and public awareness; and
WHEREAS, this tragic overpopulation of pets costs citizens and taxpayers of this
country millions of dollars annually through animal service programs aimed at coping with the
millions of homeless animals; and
WHEREAS, spaying and neutering has been shown to dramatically reduce the
overpopulation of pets and feral cats, proving to be a wise investment in saving animal lives and
taxpayer dollars; and
WHEREAS, veterinarians, national and local animal protection organizations, and
private citizens worked together to ensure the spaying or neutering of more than 49,000 pets and
feral cats through “World Spay Day” in the United States in 2012; and
WHEREAS, veterinarians, national and local animal protection organizations, and
private citizens have joined together again to advocate the spaying and neutering of pets and
feral cats on “World Spay Day 2013”:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro
Bay does hereby proclaims FEBRUARY 26, 2013 AS “WORLD SPAY DAY” calling for the
citizens of Morro Bay to observe the day by having their own pets spayed or neutered or by
sponsoring the spaying or neutering of another person’s pet or of an animal in a shelter awaiting
adoption.
IN WITNESS WHEREOF I have
hereunto set my hand and caused the
seal of the City of Morro Bay to be
affixed this 26th day of February, 2013
_______________________________
Jamie L. Irons, Mayor
City of Morro Bay, California
AGENDA NO.: A-5
Meeting Date: 2/26/13
PRESENTATION
by
Morro Bay
Natural History Museum
This will be a verbal
presentation only;
No action is required
AGENDA NO: A-6
MEETING DATE: February 26, 2013
Staff Report
TO: Honorable Mayor and City Council DATE: February 20, 2013
FROM: Andrea K. Lueker, City Manager
SUBJECT: Public Input on 2013 City Council Goals
RECOMMENDATION
Staff recommends the City Council open the public hearing and accept comment from the public on Goals
for the City of Morro Bay, in advance of the City Council Goal Setting sessions.
BACKGROUND
Each year, the City Council has conducted an annual goal setting process and as a part of that process,
asked for public comment. Our 2013 process has expanded the outreach for public comment to include
input at two public hearing sessions during City Council meetings (one was held on February 13th and
today, February 26th), a Public Input Form (attached) that can be faxed or hand delivered as well as a
designated e-mail address for input (goals@morro-bay.ca.us).
AGENDA NO: B-1
MEETING DATE: 2/26/13
Prepared By: ___AL____ Dept Review:_____ City Manager Review: ________ City Attorney Review: ________
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
The Morro Bay City Council wants to hear from you …
What are the most important goals for the City over the next 2 years?
Please list important goals for the City, why they are important to you, and any
ideas that you have about how they might be achieved (for example, collaborations
with nonprofits or service clubs, other resources, etc.).
Suggested Goal Why it’s important to you Ideas about how to achieve it
There are several ways to provide your input:
1. Return this form to City Hall, 595 Harbor Street, or
2. Give this form to a member of the Morro Bay City Council, or
3. Fax this form to 805.772.7329, or
4. Submit your information by email to goals@morro-bay.ca.us
Please try and provide this information by February 28, 2013.
Thank you!
Name_________________________Address____________________E-Mail__________________ (This information is optional)
Staff Report
TO: Honorable Mayor and City Council DATE: 2/26/2013
FROM: Joseph M. Woods, Recreation and Parks Director
SUBJECT: Discussion of the Temporary Improvements at the Corner of Shasta and
Dunes Streets
RECOMMENDATION
Review the Recreation and Parks Commission’s recommendation regarding the property on the
corner of Shasta and Dunes Street, and provide staff with direction to either improve the area or
continue with its current use.
FISCAL IMPACT
If improvements are desired, the costs of those improvements will depend directly on the
magnitude of amenities. If picnic tables are included, staff would utilize the four surplus tables
from City Park at no cost. If fruit trees are included and are not a donated item, the cost is
estimated at less than $100 per tree, which would include soil additives. Additional costs may
include staff time to organize the project and to provide initial direction as well as ongoing
management of volunteer community members and/or clubs.
SUMMARY
The properties on Shasta and Dunes Street were purchased in 1995 by the City with plans to
develop a Civic Center. The properties consisted of existing residential housing, one duplex and
one single unit. While Civic Center plans stagnated, the City made the properties available as
rentals to generate interim revenue. The properties deteriorated and the costs to complete the
deferred maintenance outweighed the City’s available resources. Council directed staff to
remove the structures and prepare the site for a possible pocket park or community garden.
Concepts for improvements were discussed by the Recreation and Parks Commission as a public
hearing item. Recommendations for Council’s consideration include fruit trees, flower gardens,
picnic tables, benches, paths, a water feature, and the involvement of local artists.
AGENDA NO: D-2
MEETING DATE: 2/26/2013
Prepared By: JMW Dept Review: JMW City Manager Review: ________ City Attorney Review: ________
2
BACKGROUND
The properties on Shasta and Dune Street were purchased in 1995 by the City with plans to
develop a Civic Center. The properties consisted of existing residential housing, one duplex and
one single unit. With no immediate plans to develop the property, the City made the dwellings
available as rentals to generate interim revenue. At the regular meeting of City Council on
October 11, 2011, Council reviewed the condition of the rental properties at 985 and 983 Shasta
Street. The properties were in poor condition and required significant maintenance to ensure
tenant safety and real property asset value. After careful review, staff was directed to demolish
the structures and leave the lot ready for a pocket park. After training exercises by both the
Police and Fire Department, the structures were removed. The empty lot was covered with bark
mulch to reduce weed growth and staff provided a water supply and hose bib for access.
DISCUSSION
In the mid months of 2012, staff was approached by representatives of the Morro Bay Garden
Club who expressed interest in the development and maintenance of a pocket park on the subject
property. The Garden Club discussed the possibility of partnering with the Morro Bay 4-H Club
to perform the initial planting of flowers and fruit trees. Our discussions included the
consideration of a longer term commitment utilizing the Adopt-a-Park program. Like other park
adoptions, the club(s) would be expected to perform periodic light maintenance and consistent
communication with the City.
At the regular meeting of RPC on January 17, 2013, the Commission reviewed and discussed
future improvement projects for the empty Shasta/Dunes Street lot. Staff provided one potential
draft concept of a pocket park as a baseline for discussion. This first concept is attached and
labeled as Community (Pocket) Park One. After staff reviewed the history of the site, the RPC
began discussions and provides the following recommendations for Council’s consideration:
1. Provide fruit trees, flower gardens and picnic tables
2. Include sitting benches
3. Provide walking path to amenities
4. Use local artists to provide some form of public art
5. Use local artists to design a water feature with consideration of perimeter seating
6. Provide interactive and functioning elements within the design
Staff has provided additional concept plans for Council’s consideration or basis for discussion.
whichever is preferred.
CONCLUSION
Council’s directive to staff has been completed, as the corner lot on Shasta and Dunes Street is
prepared for either a community garden or pocket park. The lot is covered in bark mulch and
has an available water supply. Staff is prepared to make property improvements, or not, based
on Council’s decision.
Staff Report
TO: Honorable Mayor and City Council DATE: February 20, 2013
FROM: Andrea K. Lueker, City Manager
SUBJECT: Selection of Two (2) Public Works Advisory Board Members
RECOMMENDATION
Staff recommends the City Council appoint two (2) Public Works Advisory Board members from the
current applicant pool.
BACKGROUND
Interviews for openings on the City’s Commissions and Advisory Boards occurred at a Special City
Council meeting held on Tuesday, January 29, 2013. At that time, Richard Rutherford and Marlys
McPherson were appointed to the 2 vacant spots on the Public Works Advisory Board (PWAB). At the
February 13, 2013 City Council meeting, the Advisory Board’s Handbook and Bylaws were amended
allowing for a 7 member board. There are 4 applicants who went through the initial interview process but
who were not appointed; all of whom have expressed their interest in being appointed to one of these
openings. They are Deborah Owen, Stewart Skiff, Eliane Wilson and Janith Goldman. It is staffs hope
that Council will appoint two of these applicants to the PWAB this evening.
AGENDA NO: D-3
MEETING DATE: 2/26/13
Prepared By: ___AL____ Dept Review:_____ City Manager Review: ________ City Attorney Review: ________
Staff Report
TO: Honorable Mayor and City Council DATE: 02/20/13
AGENDA NO: __D-4__
Meeting Date: 2/26/13
Prepared By: _______________ Dept Review:_____
City Manager Review: ________
City Attorney Review: ________ Page 1 of 2
FROM: Andrea K. Lueker, City Manager
SUBJECT: Discussion and Direction on the Proposal to Update the 2008 Management
Partners Study (Assessment of City Organization and Financial Options)
RECOMMENDATION
Staff recommends the City Council review the proposal from Management Partners to update the
2008 Assessment of City Organization and Financial Options document and provide staff direction.
FISCAL IMPACT
The fiscal impact for the update is $39,500 which will provide 229 hours of work from Management
Partners.
BACKGROUND
In 2006/2007, the City of Morro Bay experienced significant financial hardships with expenses to
provide public services increasing faster than city revenues could keep up. To make matters worse,
the City was lagging in important general revenue sources such as sales tax. In the Fall of 2007, the
City Council requested a study be performed that would identify opportunities for improvement at
various levels of the City’s organization. The scope of the study included an examination of
processes and procedures, effectiveness and efficiency of service delivery, organizational design and
staffing levels as well as other resources currently being provided. At the November 13, 2007
meeting, the City Council reviewed the four proposals received for doing an organizational analysis
and narrowed their selection to two proposals. At the December 10, 2007 City Council meeting, the
decision was made to contract with Management Partners.
Management Partners began fact finding and research for the study in early 2008. They used a
number of analytical and management techniques for the project which enabled the Management
Partners staff to obtain high quality stakeholder input and suggestions on potential strategies, gain
full understanding of the extent of the City’s financial situation, and compare and contrast Morro
Bay against other peer jurisdictions. The research and fact-finding techniques included a thorough
review of documents, personal interviews with the key managers in the City, selection of 10
communities (in consultation with the City) for benchmarking purposes, implementation of two
2
electronic surveys (one to City employees and the second for elected officials and advisory boards
and commissions), organization of city employee focus groups (6 in total with 63 people
participating) and financial modeling.
The report produced by Management Partners, entitled City Organization and Financial Options
which can be found on the City’s website, contains 38 recommendations, including 21 Expenditure
Control Strategies, 13 Revenue Creation Strategies and 4 Long Range Strategies the City could
consider for overall improved financial health. After receiving the document in May 2008, the City
Council held a public workshop in August (the delay between receipt of the document and the 1st
public workshop was due to the City being in the midst of the fiscal year budget adoption process as
well as the hiring of a permanent City Manger). The August 13, 2008 Workshop was held with staff
first providing an update on the progress made on recommendations that had occurred since receipt
of the document, approximately 10 strategies/recommendations had been addressed at that time.
Just prior to the August 2008 Workshop, the City Council ranked the Management Partner
recommendations on a scale of 1 to 5 (in conjunction with the priorities determined in the Goal
Setting Workshop held in June 2008). During the August 2008 Workshop, the City Council focused
their discussion on those top scoring recommendations. Following the August 2008 Workshop, staff
provided an update on the Management Partner recommendations in January 2009 and then again, at
a second workshop that was held in August 2009.
The City also included the Management Partners recommendations in their discussions during the
goal setting processes in June 2008, February 2009 and March 2010 which were conducted by Amy
Paul of Management Partners.
DISCUSSION
At the December 11, 2012 City Council meeting during the Declaration of Future Agenda Items,
Mayor Irons asked and received support for City staff to bring back a proposal to update the
Management Partners study. Following the meeting, staff contacted Andy Belknap of Management
Partners and asked that he provide a proposal to update the study that was originally completed in
2008. Mr. Belknap has provided a proposal, a copy of which is attached.
1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 861 5400 • FAX 513 861 3480 MANAGEMENTPARTNERS.COM
2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191
3152 RED HILL AVENUE, SUITE 210 • COSTA MESA, CALIFORNIA 92626 • 949 222 1082 • FAX 408 453 6191
February 13, 2013
Ms. Andrea K. Lueker
City Manager
City of Morro Bay
595 Harbor Street
Morro Bay, CA 92442
Dear Ms. Lueker:
Management Partners is pleased to submit a proposal to conduct a focused update of the
financial and budget analysis we completed for Morro Bay in 2008 as part of a citywide
organizational assessment. The Morro Bay City Council will be holding goal setting workshops
on March 11 and March 13, and the City is in the process of soliciting public input on priorities
for the next two years. An updated financial assessment is desired so that Council’s goals can
be considered in the context of budgetary opportunities and constraints.
As you know from our previous work with the City, Management Partners is a professional
management consulting firm specializing in helping local government leaders. Our team
members, comprised of experienced consultants who were previously city and county
managers and other local government professionals, provide expertise in all aspects of
municipal operations. Each assignment we undertake receives careful, professional attention
and we have a well-earned reputation for the superior quality of our work products.
Our Understanding of the Engagement
Since we assessed the Morro Bay organization and its financial options in 2008, the City has
taken a variety of steps to improve its financial condition. These include implementing
expenditure controls, negotiating labor concessions including pension reform and benefit cost-
sharing with employees, and achieving voter approval for Measure Q, a half-cent sales tax
measure to provide unrestricted funds primarily for public safety and infrastructure needs. For
the first time in seven years, the City’s General Fund is balanced, in part due to improved sales
tax, transient occupancy tax, and building fee revenues. Although the recovery is encouraging,
Ms. Andrea K. Lueker Page 2
Morro Bay continues to have long-term financial challenges in the form of deferred
maintenance of capital assets, increasing labor costs, and future revenue uncertainty.
As mentioned previously, the City Council is scheduled to hold a pair of goal setting
workshops on March 11 and March 13. In preparation for those workshops, public input about
important goals and priorities for the City during the next two years is being actively solicited
through the City’s website and other engagement opportunities. It is likely that many of the
identified goals will have significant financial impacts. To ensure Morro Bay is able to live
within its means as it responds to the needs of the community, the City desires a focused
update of the budget and financial condition assessment Management Partners previously
performed.
Management Partners has helped other jurisdictions assess their financial situation to align
community needs with available resources, and we are prepared to do the same for Morro Bay.
Our Approach
The outcome of this assignment will be an updated analysis of the City’s budget and overall
financial condition, including a multi-year forecast and revenue and expenditure analysis. We
will work collaboratively with you and the City’s finance director to ensure the analysis is based
on accurate information and the latest financial data. The following plan of work is subject to
refinement based on your specific needs.
Activity 1 – Start Project
Management Partners will begin by meeting with you to ensure that we have a clear
understanding of the objectives for the budget and financial assessment. We will create a
detailed work plan that includes specific activities and tasks and a proposed schedule so it is
clear who will be responsible for key steps during the process. During the kick-off meeting we
will confirm and review the work plan and schedule of key deliverables.
In addition to covering logistics, we will discuss the approach and timing of this project in
relation to other activities in the City. During the initial meeting we will also present a
document and data request that will allow us to begin collecting data for the following activity.
Following the meeting, we will fine-tune the scope of work, review the relevant background
information and finalize the schedule. Throughout the project, we will keep you informed of
our progress and be available to staff for any needed assistance.
Activity 2 – Gather and Analyze Data
We will begin this activity by meeting with you and the finance director to discuss the City’s
current financial condition, as well as the changes implemented since 2008 and their financial
impacts. We will update the benchmarking comparisons previously conducted, such as general
Ms. Andrea K. Lueker Page 3
fund revenues per capita, property and sales taxes as a percentage of general fund revenues,
general fund expenditures per capita and number of employees per thousand.
We will update the financial forecasting model we created for the City and prepare a baseline
multi-year revenue and expenditure forecast. During this activity we will also model various
revenue and expenditure scenarios, based on input from you and the finance director. We will
summarize the results of the benchmarking and financial modeling to provide an update of
Morro Bay’s current and projected financial condition based on various assumptions.
Activity 3 – Report Results
Once our analysis is complete, we will meet with you to review preliminary observations and
recommendations. After this meeting Management Partners will prepare a draft report
summarizing the results of our work, as well as our observations and recommendations. All
recommendations will be clearly presented and supported by analysis.
We will review the draft report with you to ensure factual accuracy and to obtain your
feedback. Once we have received your feedback, we will make necessary changes and prepare
the final report. We will also compile the results of our analysis and recommendations into a
PowerPoint presentation for a meeting with the City Council.
Project Team
Management Partners has a project team that is highly qualified to complete this work for
Morro Bay. This project will be a top priority for Management Partners and our team members
will be available in whatever capacity and with whatever availability will contribute to the
success of the project. Andy Belknap, Regional Vice President, will serve as project director and
will oversee the substantive work of the project. Cathy Standiford will serve as project manager
and will be responsible for execution of the project. They will be supported by Tom Gardner
and Adrian Gonzalez. The qualifications of each team member are briefly summarized below.
Andrew Belknap, Regional Vice President, is responsible for Management Partners’ western
operations, based in San Jose, California. He has more than 20 years of local government
experience, including service as a city manager, public works director, and consultant to
California municipalities and special districts. His areas of expertise include fiscal and budget
analysis, intergovernmental relations and developing service delivery partnerships and
functional consolidations to take advantage of economies of scale in public sector service
delivery. A trained economist, Andy brings a special expertise to fiscal analysis and public
finance issues. His blend of quantitative skills, coupled with a practitioner’s understanding of
public services and management systems, adds value to all types of organizational and policy
analysis. He is also an excellent facilitator and strategic thinker.
Ms. Andrea K. Lueker Page 4
Cathy Standiford, Partner, has developed her expertise in strategic management,
organizational development, team building, operations analysis, and problem solving during 27
years of public sector experience. Before joining Management Partners she held executive level
positions in three California communities, including assistant city manager for the City of Santa
Ana, city manager for the City of La Palma, and deputy city manager for the City of Garden
Grove. An ICMA Credentialed Manager since 2004, Cathy is recognized for her knowledge of
municipal government operations and policy issues. She is a skilled facilitator and trainer, and
serves as an adjunct professor for California State University Fullerton’s Public Sector
Leadership in the 21st Century program. Some of the clients Cathy has assisted include the
cities of Anaheim, Fullerton, Fremont, Huntington Beach, Long Beach, Mission Viejo, Orange,
Newport Beach, Rohnert Park, Sacramento, Santa Monica, Glendale and Glendora; the Cambria
Community Healthcare District; Ventura County; the Santa Barbara County Association of
Governments; and Chrysalis Enterprises, a non-profit organization based in Los Angeles.
Tom Gardner, DPA, provides expert assistance in the development of financial plans, fiscal
analysis and strategies for organizational innovations and reorganizations. Before joining
Management Partners, Tom’s practical experience included 30 years in county and city
government management, and in consulting services. His academic career spans 24 years and
five universities teaching public finance and budgeting, organizational behavior and ethics. In
1979 he joined the Fresno County Administrative Office as an analyst and participated in the
fiscal restructuring of the county following Prop 13. Tom is an acknowledged expert in
organizational responses to fiscal stress across a wide variety of public agencies. Most recently,
he served as the City of Vista’s finance director and as the City of Ventura’s director of
administrative services. In Ventura he was responsible for core financial services, including
budgeting, accounting, investments, purchasing and information technology. Tom has worked
on fiscal assessments, modeling and sustainability planning since 1996.
Adrian Gonzales, Management Analyst, joined Management Partners in June 2012. He brings
an understanding of complex government organizations, experience analyzing municipal
budgets and financial constraints, as well as an understanding of federal and state policies
impacting county and municipal government agencies. Prior to Management Partners, Adrian
served as an intern with the city administrative officer (CAO), chief financial advisor for the
Mayor, for the City of Los Angeles where he conducted fiscal and policy analysis. He also
served as an intern for the City of Whittier in the City Manager’s Office where he conducted
research, provided policy recommendations, drafted ordinances and wrote on behalf of the
Mayor, City Council and city manager. Adrian graduated from Whittier College in Whittier,
California, where he earned a bachelor’s degree with a double major in political science and
public policy through the Whittier Scholars Program where his emphasis was on municipal
government.
Ms. Andrea K. Lueker Page 5
Hours, Fees and Schedule
Management Partners anticipates devoting 229 hours of our staff time to execute the plan of
work described above. The total fee to complete the project described in this proposal is $39,500
which includes our expenses. The following table shows a breakdown of hours and fees
according to each activity that will be undertaken. The ultimate test of a quality project is that
the client is pleased with the results and we are committed to achieving that goal.
Activity Hours Fee
1 – Start Project 21 $5,285
2 – Gather and Analyze Data 115 $15,830
3 – Report Results 93 $18,385
Total 229 $39,500
A proposed schedule is provided as an attachment. We expect to refine this schedule with you
during the project start-up (Activity 1) as discussed previously.
Conclusion
We would be pleased to assist the City of Morro Bay once again. Please feel free to contact
either Cathy Standiford at 714-222-0141 or me if you have any questions about this proposal.
Sincerely,
Andrew S. Belknap
Regional Vice President
Accepted for the City of Morro Bay by:
Name:_______________________________
Title: _______________________________
Date: ________________________________
Ms. Andrea K. Lueker Page 6
Attachment – Proposed Project Schedule
Council Report
TO: City Council DATE: February 20, 2013
FROM: Jamie L. Irons, Mayor
SUBJECT: Discussion and Recommendation on Proposed Revisions to the Council
Policies and Procedures
RECOMMENDATION
Review and discuss the proposed red-lined changes to the Council Policies & Procedures and
authorize changes to be made as approved by a majority of Council.
DISCUSSION
After review of the current Council Policies and Procedures, with a special focus on Chapter One
– “Meeting Guidelines & Procedures” as well as much reflection on how the meetings are
organized and administered, I am offering the attached redlined version of some changes that I
am proposing.
AGENDA NO: D-5 MEETING DATE: 2/26/13
Prepared By: ___JLIrons___ Dept Review:_____
City Manager Review: ________
City Attorney Review: ________
City of Morro Bay
Council Policies and
Procedures
SCOPE
This resolution shall establish the procedures for the conduct of all
meetings of the City Council of the City of Morro Bay. The purpose of
this resolution is to provide that the City Council’s meeting procedures
will be consistent with the Brown Act (Government Code Sections 54950
et seq.) establish procedures which will be convenient for the public and
contribute to the orderly conduct of the City’s business. The
procedures herein are in addition to, and not in place of, Morro Bay
Municipal Code 2.08 and any other applicable ordinances and statutes,
and in the event of conflict between this resolution and applicable
ordinances or statutes, the latter shall govern.
RESOLUTION NO: 46-02
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
AUGUST 12, 2002 APPROVING AND ADOPTING
THE COUNCIL POLICIES AND PROCEDURES MANUAL
AND RESCINDING RESOLUTION NO. 47-01
(Updated on 12/11/12 3/12/13) 2
RESOLUTION NO: 54-03
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
NOVEMBER 13, 2003 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
SECTIONS 1.2.2 AND 1.3.7.1.1
RESOLUTION NO: 37-04
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
JUNE 24, 2004 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
SECTION 1.3.9.3.5
RESOLUTION NO: 42-05
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
NOVEMBER 14, 2005 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
SECTION 4.5
RESOLUTION NO: 23-06
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
MAY 22, 2006 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING CANCELLATION OF MEETINGS
RESOLUTION NO. 24-07
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
MAY 14, 2007 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING EX PARTE COMMUNICATIONS
RESOLUTION NO. 50-07
ADOPTED BY THE CITY COUNCIL OF
(Updated on 12/11/12 3/12/13) 3
THE CITY OF MORRO BAY ON
OCTOBER 8, 2007 ADDING TO AND AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING USE OF CITY LETTERHEAD AND
USE OF SPEAKER SLIPS AT CITY COUNCIL MEETINGS
RESOLUTION NO. 76-08
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
NOVEMBER 10, 2008 AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING THE ORDER OF BUSINESS ON THE
CITY COUNCIL AGENDA, APPOINTMENT OF VICE MAYOR
AND FILLING COUNCIL VACANCIES
RESOLUTION NO. 11-10
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
FEBRUARY 22, 2010 ADDING TO AND AMENDING COUNCIL
POLICIES AND PROCEDURES MANUAL
REGARDING EXPENSE REIMBURSEMENT POLICY FOR
ELECTED AND APPOINTED OFFICIALS, CITY LETTERHEAD
AND THE COUNCIL COMPENSATION COMMITTEE
RESOLUTION NO. 28-10
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON
JUNE 14, 2010 AMENDING COUNCIL POLICIES AND PROCEDURES
MANUAL REGARDING SECTION 2.2, RETIREMENT,
MEDICAL, DENTAL, VISION, AND LIFE INSURANCE
(Updated on 12/11/12 3/12/13) 4
RESOLUTION NO. 46-10
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON SEPTEMBER 27, 2010
AMENDING THE COUNCIL POLICIES AND PROCEDURES
MANUAL IN REGARD TO CALLING CLOSED SESSION MEETINGS;
IN REGARD TO ALL REAL PROPERTY CONTRACTS GOING TO CLOSED
SESSION PRIOR TO OPEN SESSION; IN REGARD TO COUNCIL LIAISONS
TO ADVISORY BOARDS; AND, IN REGARD TO CITY COUNCIL INPUT ON
HIRING AND EVALUATION OF DEPARTMENT HEADS
RESOLUTION NO. 11-11
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON JANUARY 25, 2011
ADDING TO AND AMENDING THE COUNCIL POLICIES
AND PROCEDURES MANUAL REGARDING
REGULAR MEETING TIMES AND PLACING ITEMS ON THE AGENDA
RESOLUTION 64-12
ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MORRO BAY ON DECEMBER 11, 2012
AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL
REGARDING ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT
AND THE BROWN ACT
(Updated on 12/11/12 3/12/13) 5
TABLE OF CONTENTS
1.0 MEETING GUIDELINES AND PROCEDURES
1.1 MEETING SCHEDULE 5
1.2 AGENDA 7
1.3 MEETING PROCEDURES 11
1.4 MEETING COVERAGE 23
2.0 COUNCIL COMPENSATION
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
2.2 RETIREMENT, MEDICAL, DENTAL, VISION & LIFE INSURANCE
2.3 PROFESSIONAL DEVELOPMENT
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
2.5 GENERAL PROCEDURES AND LIMITATIONS
2.6 COUNCIL COMPENSATION COMMITTEE
3.0 COUNCIL POWERS AND APPOINTMENTS
3.1 MAYOR – POWER AND DUTIES
3.2 APPOINTMENT OF VICE MAYOR
3.3 FILLING COUNCIL VACANCIES
3.4 GENERAL POWERS OF THE COUNCIL
3.5 ADMINISTERING OATHS: SUBPOENAS
3.6 LIMITATIONS
3.7 METHOF OF ACTION BY COUNCIL
3.8 ORDINANCES
3.9 ACCEPTANCE OF GRANTS OR DEEDS
(Updated on 12/11/12 3/12/13) 6
3.10 LEGISLATIVE ACTION PROGRAM
3.11 AMICUS CURIAE PARTICIPATION
4.0 THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
4.2 MAJOR PROVISIONS
4.3 SPECIAL MEETINGS
4.4 EMERGENCY MEETINGS
4.5 ELECTORNIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE
BROWN ACT
4.6 OTHER PROVISIONS
5.0 COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
5.2 GUIDELINES FOR COUNCIL MEMBERS
5.3 GUIDELINES FOR STAFF
5.4 USE OF CITY LETTRHEAD
5.5 INPUT ON HIRING AND EVALUATION OF DEPARTMENT HEADS
6.0 ADVISORY BOARD PROCEDURES
6.1 COUNTY OR REGIONAL REPRESENTATION
6.2 OTHER COUNCIL REPRESENTATION, SUBCOMMITTEES
6.3 ROLE OF ADVISORY BOARD MEMBERS AT COUNCIL MEETINGS
6.4 ROLE OF CITY STAFF PERSONS
6.5 APPOINTMENT PROCEDURES
6.6 PROCESS
Formatted: Normal, Indent: Left: 0",Hanging: 0.5"
(Updated on 12/11/12 3/12/13) 7
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings
and the manner in which special meetings may be called. Public interest and
convenience shall be primary considerations when decisions are made as to time,
location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to
the public.
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meetings shall be held the second and fourth Tuesday
of each month beginning at 6:00 p.m. In the event that a
regular meeting of the Council shall fall on a legal holiday, that
regular meeting shall be held at the same place and time on the
next succeeding working day. (MBMC 2.08.010). A regular
meeting can only be cancelled after polling the majority of the
Council in favor of the cancellation. (Reso. 23-06), (part)
(Reso. 11-11), (part)
1.1.2.2 Regular meetings shall be held in the Veterans Memorial
Building, 209 Surf Street, in the City of Morro Bay. (MBMC
2.08.010)
1.1.2.3 Regular meetings shall be between the hours of 6:00 p.m. -
11:00 p.m. It shall be the policy of the City Council to
complete meetings by 11:00 p.m. unless a majority of the
Council elects to continue past the adjournment hour. If at the
hour of 11:00 p.m. the City Council has not concluded its
business, the Council will review the balance of the agenda and
determine whether to extend the meeting beyond the hour of
11:00 p.m., continue any remaining items, or adjourn the
meeting to another date and time.
(Updated on 12/11/12 3/12/13) 8
1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions
between staff, advisory bodies or consultants, the public, and
the City Council regarding specific programs, projects or
policies. Council may provide direction, but no formal action
will be taken during a Study Session. Study Sessions may be
conducted in a variety of formats, including Public Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City
limits and convenient to Council and advantageous for public
participation.
1.1.3.3 Participation of the public shall be at the discretion of the
Presiding Officer, upon consensus of the Council.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members
of the City Council. (GC ¤ 54956) Written notice of each
special meeting must be given not less than twenty-four (24)
hours before such meeting to each Member of the City Council
not joining the call. Special meetings may be cancelled only by
consent of a majority of the members of the Council not less
than 24 hours before the date of the special meeting. Notice of
such cancellation shall be given to all Council Members and
written notice shall be posted for the public not less than 24
hours before the meeting. (Reso. 23-06), (part)
1.1.4.2 Written notice must be given to the City Council and to the
media twenty-four hours prior to each meeting. (GC ¤ 54956)
1.1.4.3 A supplemental telephone call shall be made if necessary to
notify each Council Member.
1.1.4.4 No business other than that announced shall be discussed.
1.1.4.5 Any special meeting held at a place other than the Veterans
Memorial Building shall be open to the public. Such meetings
shall be held within the city limits. Notice requirements of the
Brown Act shall be complied with for any such meetings;
regular minutes shall be taken by the City Clerk and shall be
available for public inspection.
(Updated on 12/11/12 3/12/13) 9
1.1.5 USE OF COUNCIL CHAMBERS
1.1.5.1 The City Manager, or designee, is responsible for maintaining
a calendar on the use of the Council Chamber and all requests
for reservations shall be cleared through the administrative
office.
1.1.5.2 When a question arises regarding permission for any group to
use the facility, the City Manager shall have authority to make
the final decision. The following rules are established as a
guide:
a. Use of the Council Chamber for regular meetings by
City commissions, committees, and other advisory
bodies shall take precedence over any other group or
agency. To the extent possible, special meetings will be
scheduled around other regularly scheduled non-city
uses. In the event of a conflict, the City will give
priority to rescheduling or relocating any use displaced
by a city-related use.
b. Council chambers is available for other use on a first-
come-first-serve basis, after City, city-affiliated and
other regular uses are scheduled.
c. With the approval of the City Manager, and within the
provisions of existing video production agreements,
other local governmental agencies may use the Council
Chamber for the purpose of live or video cablecasting
public hearings and/or public meetings during regular or
non-business hours.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved Council
Goals, Financial Plan and Budget, and also work programs, objectives, and
business of the City as established by the present or earlier City Councils.
Agenda items also include recommendations to the City Council from advisory
bodies, land use and zoning actions or appeals, bid and purchasing procedures,
and mandates from other levels of government. Staff shall work within the policy
context established by the Council and will not arbitrarily place matters on the
agenda that are outside the scope of existing work programs of the City, except as
(Updated on 12/11/12 3/12/13) 10
approved by the Mayor or a majority of the Council, and to inform and advise the
Council of matters necessary to the proper operation and well-being of the City.
a. Tentative Council Meeting Agenda - published before the close of
business on the second Friday prior to the Council meeting.
b. Full agenda packet published before the close of business Wednesday
prior to the Council meeting.
The process for determining the format and order of the agenda is based primarily
on the order of business adopted by the City Council (See Section 1.2.8). The
process for establishing the order of specific business and public hearing items is
a collaborative one determined largely by anticipated public attendance (those
matters involving greater audience attendance are usually scheduled ahead of
other items). The City Manager shall meet with department heads on the day of
the City Council meeting to discuss issues and to review upcoming agenda items.
In addition, the City Manager shall review the agenda materials with the Mayor,
or in the Mayor’s absence, the Vice-Mayor. The final agenda is set subject to the
approval of the Mayor (or Vice-Mayor), after consultation with the City Manager.
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by
submitting a request, orally or in writing, to consider the matter and by discussing
the request during the “Declaration of Future Agenda Items” section of the
regular agenda. If a majority of the Council approves, staff will prepare a staff
report for the next available agenda if formal Council action is required. (Reso.
11-11), (part)
If only one other Council Member supports hearing the item, an item will be
listed on the next available agenda. The Council Member who made the request
for the agenda item shall be responsible for providing the Council report and the
Council will take no action on the substance of the matter at this review unless
there is adequate public notice and information is provided for the Council to
make an informed decision. If no other Council Member supports hearing the
item, the item will not be placed on the agenda. (Reso. 54-03), (part), (Reso. 11-
11), (part)
Pursuant to Policy 1.2, the Mayor is responsible for establishing the Agenda and
may place an item on the agenda without Council support. In such a situation, the
Mayor, or Council Member who the Mayor is accommodating, shall be
responsible for providing a Mayor or Council Report. (Reso. 11-11)
Additionally, an individual Council Member may place an urgency item on an
agenda with a minimum of 72 hours legal notice and a memorandum from the
Council Member to the Council and staff setting forth the substantive issues of
(Updated on 12/11/12 3/12/13) 11
the item. For purposes of this paragraph, urgency shall arise in those limited
situations where an item requires immediate action, and the need to take
immediate action came to the attention of the Council Member subsequent to the
distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of
duties and responsibilities, shall be timely placed on the City Council agenda by
staff, who shall comply with the City’s approved Council Agenda Preparation
Policy. In the event that an advisory body desires to bring a matter of special
consideration to the City Council (new ideas or concerns, for example), it may
request that an item be placed on a future agenda by submitting a written request
to the Council approved by a majority of the advisory body members and signed
by the Chair. During Communications, Aany Mmember of the Council may ask
for consideration of the request, and upon a majority of Council, a staff report will
be prepared and approved by the City Manager or his/her designee. pursuant to
those procedures set out in 1.2.2.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during
the Public Comment period at the beginning of every Council meeting, or via
other communication with Council Members. Any Member of the Council may
ask for consideration of the request pursuant to those procedures set out in 1.2.2.
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with state law.
Generally, only those matters affecting public health or safety may be considered
emergency in nature. A four-fifths vote of Council is necessary to add an
emergency item.
1.2.6 RECONSIDERATION
Reconsideration of issues previously acted upon is discouraged. However, in
extraordinary situations, a request to reconsider an action taken by the City
Council may be considered. The request must be presented by a Council Member
who voted with the majority at the Council meeting at which the original vote was
taken. The vote may be reconsidered during that meeting, but no later than the
next Council meeting. Debate is limited to the question of whether or not there is
a majority of the Council interested in reconsidering the matter. If a majority of
the council votes to reconsider an action, the matter will be placed on the next or
future agenda. an item shall be allowed in accordance with Robert's Rules of
Order and established Council guidelines. Resubmittal of issues previously acted
upon is discouraged, but requests will be considered upon a consensus of a
majority of the Council.
(Updated on 12/11/12 3/12/13) 12
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Establish Quorum and Call to Order
1.2.7.2 Moment of Silence
1.2.7.3 Pledge of Allegiance
1.2.7.4 Closed Session Report
1.2.7.54 Mayor and Council Members Reports, Announcements and
Presentations
1.2.7.5 Closed Session Report
1.2.7.6 Public CommentPresentations
1.2.7.7 Consent CalendarPublic Comment
1.2.7.8 Public Hearings (shall start no sooner than 7:00 p.m.)Consent
Agenda
1.2.7.9 Public Hearings
1.2.7.10 Unfinished Business
1.2.7.11 New Business
1.2.7.12 Council Declaration of Future Agenda items (Reso 76-08), (part)
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community
public interest that appear on a City Council or Planning Commission agenda
where advertising is required by law. Said advertisements shall include location
maps, project descriptions and posting of property, if required, written in plain
English in order to fully inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of
publication shall be reviewed by the City Clerk and will be available to interested
members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council
meetings.
1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will
serve as Presiding Officer.
1.3.1.3 In the absence of both the Mayor and Vice-Mayor, a Mayor
pro-tem shall be selected from the quorum present. The pro-
tem shall act as Chair for the meeting.
(Updated on 12/11/12 3/12/13) 13
1.3.1.4 Seating arrangement of the Council:
The Mayor, with the approval of individual Council Members,
shall establish seating arrangements for regular Council
meetings.
1.3.1.5 Signing of City Documents:
The Mayor, unless unavailable, shall sign all ordinances,
resolutions, contracts and other documents which have been
adopted by the City Council and require an official signature,
except where the City Manager has been authorized by Council
to sign documents. In the event the Mayor is unavailable, the
Vice Mayor’s signature may be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction
of business.
1.3.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor:
1.3.3.1.1 A Member of the City Council or staff shall first
address the Mayor and gain recognition.
1.3.3.1.2 Comments and questions should be limited to the
issue before Council.
1.3.3.1.3 Cross-exchange between Council Members and
public should be avoided.
1.3.3.2 Questions to Staff:
A Council Member shall, after recognition by the Presiding
Officer, address questions to the designated staff member.
Council Members are encouraged to provide questions to staff
prior to meetings and also to attend staff briefings on complex
issues.
1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized, a Council Member shall not be
interrupted while speaking except to make a point
of order or personal privilege.
(Updated on 12/11/12 3/12/13) 14
1.3.3.3.2 If a Council Member is called to order while
speaking, the individual shall cease speaking until
the question of order is determined.
1.3.3.3.3 Upon being recognized by the Mayor, members of
staff shall hold the floor until completion of their
remarks or until recognition is withdrawn by the
Mayor.
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular
subject until every other Council Member has had the
opportunity to speak. Council Members are encouraged to
discuss items during the decision-making process.
1.3.3.5 Tabling Procedure:
If a motion is made to table a matter, discussion will stop
Iimmediately and a vote on the motion to table will be called for.
stop discussion and vote.
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7 Rules of Procedure:
The Council shall determine its own rules of procedure.
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the
minutes, he/she should precede the statement with "for the
record," or request the City Clerk to enter it into the record
following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and Robert's
Rules). The following summarizes the most frequently used actions.
1.3.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
(Updated on 12/11/12 3/12/13) 15
1.3.5.1.1 Work earnestly to preserve appropriate order and
decorum during all meetings.
1.3.5.1.2 Side conversations, disruptions, interruptions or
delaying efforts are discouraged.
1.3.5.1.3 During a public hearing, correspondence between
Council Members or between a member of the
public and the Council regarding the public hearing
matter being considered by the City Council must
occur in the open and any communications outside
of the noticed public meeting on which the Council
member’s decision is based should be disclosed
during the public meeting.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior
will be called to order by the Mayor. If such conduct
continues, the Mayor may call a recess, request the removal of
such person(s) from the Council Chamber, adjourn the
meeting, or take such other appropriate action as permitted by
the Brown Act.
1.3.5.3 Only the City Council, staff, Designated Representatives, and
those authorized by the Mayor shall be permitted to sit at the
Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his designee shall act as the
Sergeant-at-Arms.
1.3.5.4.2 Any Council Member may request the Mayor to
enforce the rules of protocol. Upon motion and
majority vote, the Mayor shall be required to do so.
1.3.6 VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote. Failure of a
seated Council Member to vote will be construed as an
affirmative vote.
1.3.6.2 No ordinance, resolution or motion shall be passed or become
effective without receiving the affirmative vote of at least three
Members of the Council.
1.3.6.3 A conflict of interest shall be declared whenever appropriate
and in compliance with State law and the Council Member will
(Updated on 12/11/12 3/12/13) 16
step down, disclose the nature of the conflict of interest, and
shall not make, participate in making, or influence the decision.
1.3.6.4 A vote may be changed by a Council Member only
immediately after the vote announcement by the City Clerk and
prior to the introduction of the next agenda item.
1.3.6.5 The City Clerk shall restate the motion prior to the vote or
request the Mayor or Presiding Officer to restate the motion, if
required for Council or public clarification.
1.3.6.6 Voice voting is the preferred method for recording Council
votes.
1.3.6.7 A Rroll Ccall (voice) vote may be taken at the discretion of the
Chair Mayor/presiding officer. The City Clerk will call the roll
for the roll call vote in the following manner: 1) Maker of the
motion; 2) Member who has seconded the motion; 3)
Additional council members in alphabetical order by last name;
and, 4) Mayor last. The City Clerk shall state for the record
the name of any Council member who is recused or has
abstained.
1.3.6.8 General consent vote may be taken at the discretion of the
Chair, if there are no negative votes or objections by Council
Members.
1.3.6.9 Upon the request of any Member, the ayes and noes shall be
taken and recorded on any vote.
1.3.6.10 The ayes and noes shall be taken upon the passage of all
ordinances and resolutions and entered upon the journal of the
proceedings of the Council.
1.3.6.11 Following the vote the Mayor or Presiding Officer shall
announce whether the questions have been carried or defeated.
1.3.6.12 Tie votes: Should a tie vote occur, the Council is required to
continue the item by majority vote or make motions until an
action receives three affirmative votes.
1.3.6.13 The Mayor may publicly explain the effect of the vote for the
audience or may direct a member of the staff to do so.
(Updated on 12/11/12 3/12/13) 17
1.3.7 PUBLIC COMMENT
Members of the public may address the City Council in a variety of ways.
Written comments on agenda items are encouraged. As a courtesy to the Council,
citizens are encouraged to present written comments and are most effective if
presented at least one week prior to the meeting. This provides the Council with a
greater opportunity to review and consider issues and/or concerns expressed in
written communications prior to a meeting. Written material distributed at the
meeting will be made a part of the public record. If the material is too
voluminous for Council to review during the meeting or is new material not
previously considered, Council may at its discretion continue the item to a future
meeting. The Mayor will invite comments from the public in support of, or in
opposition to, specific public hearing agenda items following the staff report.
Oral communications on matters that are not on the agenda and are not public
hearing items may be provided during the Public Comment period at the
beginning of every meeting. The following are guidelines for providing public
comments:
1.3.7.1 During Public Comment period at the beginning of every
meeting, Members of the public may address the City Council
on items that are consent agenda items, listed business items,
and/or items that are not on the printed agenda. For Consent
Items, Public Hearing Items, and Business Items, the Mayor
will invite comments from the public in support of, or in
opposition to each specific Agenda Items following the staff
report. At the discretion of the Mayor or Mayor Pro Tem,
speaker slips will be required. Speakers’ time will be limited
to three minutes or to the interval specified by the Mayor or
Mayor Pro Tem. The Public Comment period shall be limited
to forty-five minutes.
1.3.7.1.1 Each person addressing the City Council shall do so
in an orderly manner and the Council respectfully
requests that speakers refrain from make repetitious,
slanderous or irrelevant remarks, or engaging in any
other disorderly conduct which disrupts, disturbs, or
otherwise impedes the orderly conduct of the
Council meeting. Any person who so disrupts the
meeting may, at the discretion of the Mayor or a
majority of the City Council, be subject to ejection
from that meeting. (Reso. 54-03), (part)
1.3.7.1.2 Persons addressing the Council shall address the
Council as a whole and shall not engage in a
dialogue with individual Council Members, City
staff or members of the audience. No questions
(Updated on 12/11/12 3/12/13) 18
shall be asked of a Council Member or a member of
City staff without first obtaining permission of the
Mayor. The Mayor shall determine whether, or in
what manner, an answer will be provided. Any
person violating this rule while addressing the
Council shall be called to order by the Mayor.
1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues
not listed on the agenda. Staff may be asked to follow-up on
such items.
1.3.7.3 Individuals desiring to speak shall:
1.3.7.3.1 Address the Council from the podium after giving
name and city of residence. Speakers shall direct
their comments to the Council, not the audience.
1.3.7.3.2 Comment on the specific matter before the Council
(other than calendared public hearings) with reasons
for the position taken.
1.3.7.3.3 Limit comments to three (3) minutes until others
have had opportunity to address the Council. The
Presiding Officer with the majority of Council
Members, after all others have spoken, may allow
additional brief comments from speakers who have
already commented on the same agenda item. A
speaker may not yield their time to another speaker.
1.3.7.4 Applicants or Applicant Representatives or Appellants
desiring to speak shall:
1.3.7.4.1 Shall be permitted to speak first during the public
comment portion of the public hearing for not more
than ten (10) minutes.
1.3.7.4.2 Address the Council from the podium after giving
their name and address, and/or the name and
address of the applicant/appellant they are
representing.
1.3.7.5 Council Members actions
1.3.7.5.1 Council Members may question the person
addressing the Council at the conclusion of the
person’s comments or upon expiration of the
(Updated on 12/11/12 3/12/13) 19
person’s time to speak. Such questions shall be
directed to the person through the Mayor.
1.3.7.5.2 Council Members shall not engage the person
addressing the Council in a dialogue with the City
Council or City staff but shall confine
communication to a question and answer format
conducted through the Mayor.
1.3.7.5.3 If a member of the audience has addressed the
Council on matters which are not on the agenda,
Council Members shall refrain from extended
discussion of the matter. If a Council so wishes,
the Council Member may direct the City Manager
to place the matter on the next agenda.
1.3.7.6 After the public hearing is closed, no member of the public
shall be permitted to address the Council or the staff from the
audience, except at the discretion of the Mayor or the majority
of the Council.
1.3.7.7 Upon violation of the rules of order and decorum established in
Section 1.3.2 – 1.3.7 of this Resolution, the procedure to
enforce the rule shall be as follows:
1.3.7.7.1 Warning. The Mayor shall request that a person
who is violating the rules of decorum cease such
conduct. If, after receiving a warning from the
Mayor, the person persists in disturbing the
meeting, the Mayor shall order the person to leave
the City Council meeting. If the person does not
leave the meeting, the Mayor may order any law
enforcement officer who is on duty at the City
Council meeting as sergeant-at-arms to remove the
person from the City Council chambers.
1.3.7.7.2 Removal. Any law enforcement officer who is
serving as sergeant-at-arms at the City Council
meeting shall carry out the orders and instructions
given by the Mayor for the purpose of maintaining
order and decorum. Upon instruction of the Mayor,
it shall be the duty of the sergeant-at-arms to
remove from the City Council meeting any person
who is disturbing the proceedings of the City
Council.
(Updated on 12/11/12 3/12/13) 20
1.3.7.7.3 Resisting Removal. Any person who resists removal
by the sergeant-at-arms may be charged with a
violation of the rules of order and decorum as well
as any other applicable ordinance or law.
1.3.7.7.4 Motion to Enforce. If the presiding officer of the
City Council fails to enforce the rules of order and
decorum set forth in Section 1.3.2 – 1.3.7, any
Member of the City Council may move to require
the Mayor to do so, and an affirmative vote of a
majority of the City Council shall require the Mayor
to do so, and an affirmative vote of a majority of the
Council may appeal to the entire Council the ruling
of the Mayor that a person be removed from the
meeting, in which event the decision of the Council
majority shall govern and conclusively determine
such question. If the Mayor fails to carry out the
will of the majority of the City Council, the
majority may designate another Member of the City
Council to act as Mayor for the limited purpose of
enforcing the rules of order and decorum
established in Section 1.3.2 - 1.3.7.
1.3.7.7.5 Clearing the Room. If a meeting of the City Council
is disturbed or disrupted in such a manner as to
make infeasible or improbable the restoration of
order, the Mayor or a majority of the City Council
may exercise the authority granted in the California
Government Code section 54957.9 by ordering the
meeting room cleared and continuing in session in
the manner authorized by Section 54957.9 of the
Government Code.
1.3.8 CONSENT ITEMS
Consent items are the first items on the agenda. Only items that are routine, relate
to implementation of approved budget items or to City operations, or are second
readings of ordinances, or are items to be later set for public hearing are to be
placed on the Consent Agenda. Items of significant neighborhood or community
public interest should be heard as a Public Hearing or Business item, and not
placed on the Consent Agenda.
1.3.8.1 Minor Questions. A Council Member may ask questions on
any item without it being pulled from the Consent Agenda.
When a Council Member has a minor question for clarification
concerning a consent item that will not involve extended
discussion, the item may be pulled for clarification at the
(Updated on 12/11/12 3/12/13) 21
beginning of the meeting and the questions will be addressed
along with the rest of the Consent Agenda. There should be no
objections at this time. Council Members are encouraged to
seek clarifications prior to the meeting (if at all possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item
simply to register a dissenting vote, a request should be made
that the item be pulled for separate vote without discussion.
Such items will also be handled at the beginning of the meeting
along with the rest of the Consent Agenda.
1.3.8.3 Any item may be pulled by a Council Member for discussion.
A member of the public may request the Council to pull an
item for discussion.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda
unless a majority of the Council chooses another time.
1.3.9 NOTICED PUBLIC HEARINGS
During the pendency of any Public Hearing that is a quasi-judicial proceeding, no
Council member or Planning Commission member shall engage in an ex parte
communication with any “Interested Party” who intends to influence the decision
of the council or board member in a proceeding unless the council or board
member discloses the ex parte communication in the council or board’s record.
“Interested Party” means any individual with an interest in the quasi-judicial
proceeding that is greater than the general interest of the public as a whole. The
term includes, but is not limited to, parties involved in the proceeding, parties that
may be significantly affected by the decision, and nonprofit or public interest
organizations and associations with a special interest in the matter regulated. A
member of the public at large who expresses a casual or general opinion about a
pending proceeding would not necessarily be an "Interested Party." (Reso. 24-07)
Matters which are required to be heard in a noticed Public Hearing shall be
conducted in the following manner:
1.3.9.1 Time for Consideration. Matters noticed to be heard by the
City Council shall commence no earlier than the time specified
in the notice of hearing, or as soon thereafter as is reasonably
possible, and shall continue until the same has been completed
or until other disposition of the matter has been made.
1.3.9.2 Continuance of Hearing. Any hearing being held or noticed or
ordered to be held by the City Council may, by order or notice
of continuance, be continued or re-continued to any subsequent
meeting.
(Updated on 12/11/12 3/12/13) 22
1.3.9.3 Conduct of Hearings. When a matter for Public Hearing comes
before the City Council, the presiding officer shall open the
public hearing and;
1.3.9.3.1 Call for a report on noticing from the City Clerk.
1.3.9.3.2 Call for a report on written communications
received by the City pertaining to the item being
heard.
1.3.9.3.3 Request that staff present the staff report and any
other relevant evidence. Presentation of the staff
report prior to the formal opening of the Public
Hearing shall not prevent its consideration as
evidence. Any such evidence shall be made a part
of the record of the Public Hearing.
1.3.9.3.4 The Mayor shall then recognize the proponents or
appellants in the cause, who shall be permitted 5
minutes to present evidence related to the matter
under consideration.
1.3.9.3.5 The Mayor shall then recognize members of the
public. No person may speak without first being
recognized by the Mayor. Members of the City
Council who wish to ask questions of the speakers
or each other during the Public Hearing may do so.
Members should be mindful that the purpose of the
Public Hearing is to obtain testimony, and not to
debate the merits of the item under consideration.
Members should avoid debate and expressions of
personal opinion until after the close of the public
testimony portion of the Public Hearing. The
Presiding Officer shall conduct the hearing in such
a manner as to afford due process to all affected
persons. For Public Hearings, when 10 or more
members of the public desire to speak, the Mayor or
Mayor Pro Tem may require speaker slips be
completed and delivered to the Clerk before the
item is considered. Comments from the public shall
be limited to three (3) minutes per speaker for
Public Hearings, unless the City Council
affirmatively decides otherwise. For Public
Hearings that have the potential to be appealed to
the California Coastal Commission, members of the
public who desire to receive notice of any further
proceedings shall write their name and address on
(Updated on 12/11/12 3/12/13) 23
the interested parties list at the back of the room.
(Reso. 37-04) (Reso. 50-07), (part)
1.3.9.3.6 The Mayor shall then close the public testimony
portion of the Public Hearing. Council Members
may still, however, ask questions of staff or
members of the public. Upon conclusion of
Council deliberations and immediately prior to a
motion, the Mayor shall formally close the public
hearing. Upon formal closing of the public hearing,
no additional public testimony shall be solicited or
received without reopening the hearing.
1.3.9.4 Evidence. All persons interested in the matter being heard by
the City Council shall be entitled to submit written evidence or
remarks, as well as other graphic evidence. All such evidence
presented shall be retained by the City Clerk as part of the
Clerk’s record. Prior to declaring the public hearing open, the
Mayor may establish a time limit for the entire public hearing,
or establish time limits for the presentation of each individual
speaker.
1.3.10 CLOSED SESSION MEETINGS (closed to the public)
1.3.10.1 Closed Session Meetings may be called by the majority of the
Council and are regulated pursuant to the Brown Act. The most
common purpose of a closed session is to avoid revealing
confidential information that may, in specified circumstances,
prejudice the legal or negotiating position of the City or
compromise the privacy interests of employees. Closed
sessions should be conducted keeping those narrow purposes in
mind. (Reso. 46-10), (part)
1.3.10.2 No Member of the Council, employee of the City, or anyone
else present shall disclose to any person the content or
substance of any discussion which takes place in a closed
session unless authorized by a four-fifths vote of the Council.
1.3.10.3 Confidential materials provided for Closed Sessions must be
returned to the City Attorney by the conclusion of the Closed
Session.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the Morro Bay City Council is to
enhance the awareness and education of the general public regarding the actions
and deliberations of the City Council.
(Updated on 12/11/12 3/12/13) 24
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether
presented to the public live or taped, Council coverage is not to be
edited or subjected to editorial comment.
1.4.2 All City Council meetings shall be cablecast or taped for broadcast,
except for meetings or portions of meetings which are closed to the
public, or when the majority of the Council directs otherwise.
1.4.3 Cameras used for the gavel-to-gavel coverage shall be operated only
by City employees, firms, or persons authorized by the City.
1.4.4 Cameras shall be operated so that they are primarily focused on the
officially recognized speaker, and on any visually displayed
information they may be showing.
1.4.5 “Reaction” shots will not be permitted.
1.4.6 The City Clerk’s minutes shall remain the official record of Council
proceedings.
(Updated on 12/11/12 3/12/13) 25
CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Pursuant to Morro Bay Municipal Code 2.20.010, compensation for services
rendered in an official capacity shall be provided as follows: Members of the
City Council shall receive $300 per month. Pursuant to Morro Bay Municipal
Code 2.20.015, the Mayor will receive an additional $200 per month beyond the
compensation paid to Council Members.
2.2 RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE
The Mayor and Council Members are required to participate in P.A.R.S.
retirement. The City shall pay a contribution to P.A.R.S. equal to 1% of salary.
The City shall pay, in full, the cost of the Mayor’s and Council Members’
participation in lowest cost HMO or PPO medical plan (self-only), dental, vision,
and life insurance. Any unexpended amount in medical will be distributed to the
Mayor and Council Members. (Reso. 28-10), (part)
2.3 PROFESSIONAL DEVELOPMENT
The Mayor and each Council Member shall be reimbursed for normal and
customary business expenses as follows:
2.3.1 BUSINESS TRAVEL EXPENSE AND CONFERENCE
REGISTRATION
The Mayor and each Council Member shall be reimbursed for normal and
incidental expenses and for costs of professional development and educational
conferences designed to improve understanding of and proficiency in municipal
affairs. Such reimbursement shall be for out-of-county expenses only and shall be
reimbursed in accordance with accepted City Travel Guidelines.
2.3.1.1. Authorized Expenses. City funds, equipment, supplies
(including letter head), titles, and staff time must only be used
for authorized City business. Expenses incurred in connection
with the following types of activities generally constitute
authorized expenses, as long as the other requirements of this
section are met:
Communicating with representatives of regional, state and
national government on City-adopted positions.
(Updated on 12/11/12 3/12/13) 26
Attending educational seminars designed to improve
official’s skill and information levels.
Participating in regional, state and national organizations
whose activities affect the City’s interests.
Recognizing service to the City (i.e. thanking a longtime
employee with a retirement gift or celebration of nominal
value and cost).
Meetings such as those listed above for which a meeting
stipend is expressly authorized under this section.
All other expenditures require prior approval by the City
Council, including international and out of state travel.
(Reso. 11-10)
2.3.1.2. Expenses Not Eligible for Reimbursement.
The personal portion of any trip.
Political or charitable contributions or events.
Family expenses, including partner’s expenses, when
accompanying official on City-related business.
Entertainment expenses, including theater, movies, sporting
events (including gym, massage and/or golf related
expenses) or other cultural events.
Alcohol/personal bar expenses.
Non-mileage personal automobile expenses, including
repairs, traffic citations, insurance or gasoline.
Personal losses incurred while on City business.
(Reso. 11-10)
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
The Mayor and each Council Member shall be reimbursed as follows:
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business, Mayor and Council
Members shall be reimbursed for in-county expenses including meals, tickets,
periodicals, dues, subscriptions, and similar miscellaneous expenses.
2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be
made upon submittal of an official mileage expense form.
(Updated on 12/11/12 3/12/13) 27
2.4.3 TRANSPORTATION
If trip arrangements are made, as a convenience, for spouse or family members,
reimbursement to the City for any advanced expenses should be received by the
City prior to the trip. When attending conferences or meetings that are of such
distances that is more economical to take commercial transportation, if an official
proposes to drive his/her car in those cases, commercial air fare will be paid and
not automobile mileage. Government and group rates must be used when
available. (Reso. 11-10)
2.4.3.1. Airfares that are reasonable and economical shall be eligible
for purposes of reimbursement. (Reso. 11-10)
2.4.3.2. Automobile mileage is reimbursed at IRS rates in effect at the
time of travel. These rates are designed to compensate the
driver for gasoline, insurance, maintenance, and other expenses
associated with operating the vehicle. This amount does not
include bridge and road tolls which are also reimbursable.
(Reso. 11-10)
2.4.3.3. Car Rental rates that are reasonable and economical shall be
eligible for purposes of reimbursement. (Reso. 11-10)
2.4.3.4 Taxi and shuttle fares may be reimbursed, including a 15%
gratuity per fare, when the cost of such fares is equal or less
than the cost of car rentals, gasoline and parking combined, or
when such transportation is necessary for time-efficiency.
(Reso. 11-10)
2.4.4 LODGING
Lodging expenses will be reimbursed or paid for when travel on official City
business reasonably requires an overnight stay. If such lodging is in connection
with a conference, lodging expenses must not exceed the group rate published by
the conference sponsor for the meeting in question if such rates are available at
the time of booking. Travelers must request government rates, when available. If
the group rate is not available, reimbursement at the IRS rate in effect at the time
of travel shall apply (IRS Publication 463). (Reso. 11-10)
2.4.5 MEALS
A local expense reimbursement policy identifying a “per diem” of reasonable
rates for meals is not adopted. Receipts for expenses for meals shall be required.
Actual expenses shall be reimbursed subject to the maximum per diem for the
mean as set by the IRS rate in effect at the time of travel. (Cal. Gov’t. Code
53232.2) and Publication 1542 at www.irs.gov or www.policyworks.gov/ per
diem.) The City will not pay for alcohol/personal bar expenses. (Reso. 11-10)
(Updated on 12/11/12 3/12/13) 28
2.4.6 MISCELLANEOUS EXPENSES
Officials will be reimbursed for actual telephone, fax, and parking expenses
incurred on City business. Telephone bill should identify which calls were made
on City business. (Reso. 11-10)
2.4.7 CASH ADVANCE POLICY
From time to time, it may be necessary for an official to request a cash advance to
cover anticipated expenses while traveling or doing business on the City’s behalf.
Such request for an advance should be submitted to the City Manager ten working
days prior to the need for the advance with the following information:
1. The purpose of the expenditures
2. The benefits of such expenditures to the residents of the City.
3. The anticipated amount of the expenditures(s) (for example, hotel
rates, meal costs, and transportation expenses).
4. The dates of the expenditure.
Any unused advance must be returned to the City within five working days of the
official’s return, along with an expense report and receipts documenting how the
advance was used. In the event the City Manager is uncertain as to whether a
request complies with this policy, such individual must seek resolution from the
City Council. (Reso. 11-10)
2.4.8 CREDIT CARD USE POLICY
The City issues credit cards to individual office holders for selected City
expenses. City office holders may use the City’s credit card for such purposes as
airline tickets and hotel reservations by following the said procedures for cash
advances. Receipts documenting expenses incurred on the City credit card and
compliance with this section must be submitted within thirty working days of use.
Credit cards may not be used for personal expenses, even if the official
subsequently reimburses the City. (Reso. 11-10)
2.4.9 EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES
All cash advance expenditures, credit card expenses and expense reimbursement
requests must be submitted on an expense report form provided by the City. This
form shall include the following advisory:
“All expenses reported on this form must comply with the City’s
policies relating to expenses and use of public resources. The
information submitted on this form is a public record. Penalties
for misusing public resources and violating the City’s policies
(Updated on 12/11/12 3/12/13) 29
include loss of reimbursement privileges, restitution, civil and
criminal penalties as well as additional income tax liability. “
Expense reports must document that the expense in question met the requirements
of this Policy. Officials must submit their expense reports within thirty calendar
days of an expense being incurred, accompanied by receipts documenting each
expense. Restaurant receipts, in addition to any credit card receipts, are also part
of the necessary documentation.
Inability to provide such documentation within 60 calendar days of travel may
result in the expense being borne by the official.
In the event the official does not attend the trip and non-refundable expenses have
been incurred for registration, lodging and/or travel, the non-attending official
shall submit a written explanation of the reasons for non-attendance to the City
Manager. The City Manager shall determine if the public funds advanced must
be reimbursed to the City. Any decision of the City Manager may be appealed to
the City Council. (Reso. 11-10)
2.4.10 REPORTS TO CITY COUNCIL
At the next regular City Council meeting, each official shall briefly report on the
meetings attended at City expense. If multiple officials attended, a joint report
may be made. (Reso. 11-10)
2.4.11 COMPLIANCE WITH LAWS; VIOLATION
City officials should keep in mind that some expenditures may be subject to
reporting under the Political Reform Act and other laws. All City expenditures
are public records subject to disclosure under the Public Reports Act and other
applicable laws. Use of public resources or falsifying expense reports is a
violation of this Policy and may result in any or all of the following: 1) loss of
reimbursement privileges, 2) a demand for restitution to the City, 3) the City’s
reporting the expenses as income to the elected official to state and federal tax
authorities, 4) civil penalties of up to $1,000 per day and three times the value of
the resources used, and 5) prosecution for misuse of public resources. (Reso. 11-
10)
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to
ensure that expenditures and reimbursements are in compliance with approved
budget allocations. The Mayor and each Council Member is expected to plan
business activities so as to stay within budget. When exceptional circumstances
require that additional amounts be allocated to accounts, formal Council action
shall be required.
(Updated on 12/11/12 3/12/13) 30
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all
expenditures charged to the individual Council Member or Mayor. Receipts shall
be submitted within the fiscal year. The Council budget shall be available for
public review in the City Clerk's Office and the Mayor and Council Members
shall receive periodic statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non-local
professional development and conferences. These guidelines include all
non-local official meals, tuition or fees, transportation to meeting sites, materials
and telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the
City Council to represent the City at special meetings, reimbursement shall be
made from the appropriate Travel Expense Account.
2.5.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his/her
participation in a meeting or conference, the amount of the honorarium shall be
deducted from the amount normally provided by the City for that meeting or
conference if the City paid for the Council Member's attendance at such meeting
or conference.
2.5.5 OTHER GUIDELINES
Any other travel-related issue not specifically governed in this resolution shall be
adjudicated in accordance with the City of Morro Bay Travel Expense
Reimbursement Policy.
2.6 COUNCIL COMPENSATION COMMITTEE
A five-member review committee may be appointed by January 31, in
even-numbered years and shall bring its proposed recommendations in resolution
form to the City Council within 90 days, or no later than May 1st. (Reso. 11-10),
(part)
(Updated on 12/11/12 3/12/13) 31
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible,
including but not limited to, two former elected officials who are not currently
serving on the Council, and one citizen-at-large.
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including
salary, benefits, expense reimbursement, professional development allowances
and any other compensation provided the City Council. Review should include,
but shall not be limited to: 1) compensation of Council and Mayors of cities of
similar population and/or budget size; 2) compensation practices of both Charter
and General Law cities; 3) Government Code provisions for General Law cities;
and 4) Council and Mayor responsibilities in Morro Bay at the time of the
committee's review; and, 5) any structural changes that may have occurred in
municipal government either as a result of State legislation or by actions of the
local electorate that may have added to or deducted from the duties and
responsibilities of the Council Members and/or Mayor.
(Updated on 12/11/12 3/12/13) 32
(Updated on 12/11/12 3/12/13) 33
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform
such other duties consistent with the office as may be imposed by the
Council or by vote of the people. The Mayor shall be entitled to, and must
vote when present, but shall possess no veto power.
3.1.2 The Mayor shall be recognized as the official head of the City for all
ceremonial purposes.
3.1.3 The Mayor may order flags flown on City property to be lowered to half-
staff in mourning for any member of the community designated to have
made significant contributions to the City of Morro Bay, in accordance
with recognized customs or practices not inconsistent with State and
Federal law.
3.1.4 The Mayor shall exercise such other powers and perform such other duties
as may be prescribed by law or ordinance or by resolution of the Council,
except as limited by law.
3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one-year term and shall be
made at the first meeting in December. For appointment as Vice Mayor, a Council
Member must be on the Council at least one year. Of those who have been on the
Council for at least one year, the Council Member who has not yet held the
position shall be appointed Vice Mayor. If there are two Council Members who
have not yet held the position, the Council Member receiving the highest number
of votes in the most recent election shall be appointed Vice Mayor. If all have
held the position, the Council Member who has held it the least number of times
shall be appointed Vice Mayor. If all Council Members have held it for the same
number of years, the Council Member for whom it has been the longest period of
time since holding the position shall be appointed Vice Mayor. (Reso. 76-08),
(part)
3.3 FILLING COUNCIL VACANCIES
3.3.1 SPECIAL ELECTION
Measure “R” codified as Ordinance 527 requires the City Council to
immediately call a special election to fill any vacant seat on the Council,
including the Mayor’s seat. The special election shall be held on the next
established election date, as specified in California Elections Code, which
(Updated on 12/11/12 3/12/13) 34
is not less than 114 days from the call of the special election. The City
Council may appoint an elector who is a registered voter in the City of
Morro Bay to fill such vacancy prior to the special election. The appointee
shall hold office only until the date of said special election. (Reso. 76-08)
3.3.2 LIMITATION OF COUNCILMEMBER WHO RUNS FOR MAYOR
BEFORE COMPLETING REGULAR TERM.
A sitting Council Member is disqualified from nomination for election to
the office of Mayor in the next election if the remainder of their Council
term after the next election cannot be filled by a vote of the electors on or
prior to that election date. (Reso. 76-08)
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions of law and the delegation of power to any person,
officer, Board, or Commission, the Council shall have the power in the name of
the City, to do and perform all acts and things appropriate to a municipal
corporation and the general welfare of its inhabitants and that are not specifically
forbidden by the Constitution and laws of the State of California.
3.5 ADMINISTERING OATHS: SUBPOENAS
Each Member of the Council shall have the power to administer oaths and
affirmations in any investigation or proceeding pending before the Council. The
Council shall have the power and authority to compel the attendance of witnesses,
to examine them under oath and compel the production of evidence before it.
Subpoenas may be issued in the name of the City and be attested by the City
Clerk. Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as
provided by the general laws of the State.
3.6 LIMITATIONS
No Member of the Council shall be appointed to or serve as a voting Member of
any City Board, Committee, or Authority, whether composed of citizen volun-
teers, City employees, or a combination of both. This is not to be construed as
prohibiting Members of the Council from serving on Committees or Subcom-
mittees of the Council itself, or of agencies representing other local, state or
federal government.
3.7 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution,
or oral motion duly made and passed.
(Updated on 12/11/12 3/12/13) 35
Ordinances shall become a part of the Municipal Code and so remain until
amended or voided. All municipal laws relating to taxation or to possible
criminal action against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office of the
City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special
meeting of the Council.
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with relevant
state law. Ordinances not legally required to have a public hearing shall be set for
a public hearing if the subject matter is controversial or of a special nature. In
addition, a majority of the City Council may direct that the consideration of an
ordinance will be set for public hearing.
No ordinance, resolution or motion shall be passed or become effective without
receiving the affirmative vote of at least three Members of the Council.
3.9 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of Morro Bay are hereby authorized to
accept and consent to the recording of any deed or grant conveying any interest in
or easement upon real property to the City of Morro Bay.
3.10 LEGISLATIVE ACTION PROGRAM
The City has a legislative program to strengthen local government, promote City
goals, and defend the City against legislative actions by state and federal
governments that would weaken local government or take away traditional
revenue sources. In order to respond promptly and proactively to fast-paced
legislative changes, City staff is authorized to take positions on legislation
provided the positions are consistent with the Legislative Actions of the City
Council, and/or resolutions or recommendations of the League of California
Cities.
3.11 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases
of statewide significance to cities. Because of the often short time limits for filing
amicus curiae briefs, the City Attorney is authorized to participate in such briefs,
at no cost to the City, if the Legal Advisory Committee of the League of
California Cities has urged participation.
(Updated on 12/11/12 3/12/13) 36
(Updated on 12/11/12 3/12/13) 37
CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph
M. Brown Act, State Government Code Sections 54950 et sec. The intent of the
Act is to ensure that deliberations and actions of local public agencies are
conducted in open and public meetings. The law provides for misdemeanor
penalties for Members of a board who violate the Act (GC ¤ 54959). In addition,
violations are subject to civil action (GC ¤ 54960). A current copy of the Act
will be provided to all Council Members assuming office, but the provisions that
most directly affect the Council are summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC ¤
54952.2)
4.2.2 MEETINGS
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more)
Members are present and information about the business of the
board is received; discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any Member of Council
contacts more than one other Council Member for the purpose
of deliberating or acting upon an item pending before the City
Council (does not apply to the public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is
acceptable. (GC ¤ 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting
and must meet various requirements. (GC ¤ 54954.2)
(Updated on 12/11/12 3/12/13) 38
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda.
Exceptions:
4.2.4.1 An emergency situation exists, (determined by a majority of
the Council.)
4.2.4.2 That the need to take action arose subsequent to the agenda
being posted (determined by 4/5 of the Council; or if less than
4/5 are present, by unanimous vote.)
4.2.4.3 The item was continued to another meeting that was scheduled
and posted within five days of the original agenda. (GC ¤
54954.2)
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the
public that is within the jurisdiction of the Council. The City has the right to
establish time limits on speakers and the total time allocated for a particular issue.
(GC ¤ 54954.3)
4.2.6 PUBLIC DISRUPTIONS
A portion or all of the public may be removed if willful disruption makes
conducting the meeting "unfeasible"; the press may remain unless they participate
in the disruption. (GC ¤ 54957.9)
4.2.7 CORRESPONDENCE
All writings distributed for discussion or consideration at a public meeting are
public records. (GC ¤ 54957.5) The public is encouraged to submit written
material regarding agendized items to the City Clerk a week prior to the Council
meeting so that it may be included in the public packet. Written material
distributed at the meeting will be made a part of the public record. If the material
is too voluminous for Council to review during the meeting or is new material not
previously considered, Council may at its discretion continue the item to a future
meeting.
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real
property with the City's negotiator; the real property and the
person(s) with whom the City may negotiate must be
announced in open session prior to the closed session. (GC ¤
54956.8). All Real Property transactions shall be held in
(Updated on 12/11/12 3/12/13) 39
closed session prior to final decision in open session and
Council shall be provided with a copy of the draft real property
agreement. (Reso. 46-10), (part)
4.2.8.2 Litigation pending or a significant exposure to litigation, or the
decision to initiate litigation; the litigation or title must be
identified in open session prior to the closed session unless the
Council states that to do so would jeopardize its ability to
conclude existing settlement negotiation or effectuate service
of process. (GC ¤ 54956.9)
4.2.8.3 Compensation (salaries and benefits) of employees; to review
its position and instruct designated representatives. (GC ¤
54957.6)
4.2.8.4 Personnel. The appointment, employment, evaluation of
performance, or dismissal, of a public employee, or to hear
complaint against the employee, unless the employee requests
a public hearing. (GC ¤ 549576)
4.3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with
strict notification requirements delivered to the media and Council 24 hours
before the time of the meeting. (GC ¤ 54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24 hour notice and
posting requirements if prompt action is required due to the disruption or
threatened disruption of public facilities. Only work stoppages, crippling
disasters or other activities that severely impair the public health and/or safety
qualify for emergency meetings. (GC ¤ 54956.5.)
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE
BROWN ACT
City email is no less a part of “official city business” than any other written
correspondence, and there is no expectation of privacy for city email messages.
Good judgment and common sense should therefore prevail at all times regarding
its appropriate use.
City email is subject to disclosure under the Public Records Act and is subject to
the requirements of the Brown Act. While the Brown Act does not prohibit the
use of email to make individual contacts between Members of the Council, or the
public or staff, great care should be taken to avoid the use of email to contact a
(Updated on 12/11/12 3/12/13) 40
majority of the Council, either individually or serially, “in a connected plan to
engage in collective deliberation on public business.”
City email should not be used in any case where a record of any event, occurrence
or statement is required or intended to be retained by the City in the ordinary
course of business. City emails are intended to fulfill the same general function as
ordinary daily verbal communications among City Council and City staff and are
considered “transitory” documents (work-in-progress), and therefore are not
subject to records retention requirements. For file management and storage
purposes, City email messages should only be retained for as long as needed. In
most instances this means deleting messages as you have read them, and shortly
after you have sent them. (Reso. 42-05) (Reso. 64-12), (part)
If an email message, including any attachments thereto, is considered an official
city record, such emails should be printed as a hard copy and filed in accordance
with the city’s records retention policy. Generally, the sender of the email should
be the person responsible for printing and filing it accordingly, but persons
responsible for a particular program or project file shall be responsible for
retaining all e-mail they send or receive related to that program or project. (Reso.
42-05)
It is the responsibility of individual City Council Members, employees and their
department heads to determine if email is an official city record that must be
retained in accordance with the city’s record retention policy. The city attorney
will assist you in making such a determination. You should keep in mind,
however, that preliminary drafts, notes or interagency or intra-agency memoranda
that are not retained by the city in the ordinary course of business are generally
not considered to be official city records subject to disclosure. City Council
Members and employees are encouraged to delete documents that are not
otherwise required to be kept by law or whose preservation is not necessary or
convenient to the discharge of your duties or the conduct of the city’s business.
(Reso. 42-05) (Reso. 64-12), (part)
Periodically, the city receives requests for inspection or production of documents
pursuant to the Public Records Act, as well as demands by subpoena or court
order for such documents. In the event such a request or demand is made for e-
mail, the City Council Members or employees having control over such e-mail,
once they become aware of the request or demand, shall use their best efforts, by
any reasonable means available, to temporarily preserve any e-mail that is in
existence until it is determined whether such e-mail is subject to preservation,
public inspection or disclosure. The city clerk shall be contacted regarding any
such emails within the City Council member or employee’s control. (Reso. 42-05)
(Reso. 64-12), (part)
4.6 OTHER PROVISIONS
(Updated on 12/11/12 3/12/13) 41
The Act provides many other restrictions and requirements; this chapter is
intended merely as a Council summary and overview of the Act, and nothing in
this Chapter supersedes the provisions of the Brown Act. Since State law
constantly changes, it is important to ensure you have the latest information.
Please check with the City Attorney and/or the City Clerk for more information.
(Updated on 12/11/12 3/12/13) 42
(Updated on 12/11/12 3/12/13) 43
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence,
or otherwise guide and direct staff actions, decisions, recommendations,
workloads and schedules, departmental priorities, and the conduct of City
business.
This chapter addresses the relationship and conduct between Council Members
and staff with the intent of the Council to: 1) affirm that governing shall be by
will of the collective Council, and 2) establish guidelines for Council and staff to
ensure orderly, consistent and open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Council shall recognize that the primary functions of staff are to execute
Council policy and actions taken by the Council, and to keep the Council
informed.
5.2.1 REQUESTS FOR INFORMATION
Individual Council Members as well as the Council as a whole shall be permitted
complete freedom of access to any information requested of staff, and shall
receive the full cooperation and candor of staff in being provided with any
requested information.
Council Members shall make routine requests for information through the
appropriate department head. Complex or comprehensive requests for
information shall be made through the City Manager.
5.2.2 DIRECTION TO STAFF
Generally, Council Members shall make requests for work to be done through the
City Manager. Individual Members of the Council shall make no attempt to
pressure or influence staff decisions, recommendations, workloads, and
schedules, and departmental priorities without the prior knowledge and approval
of the Council as a whole.
5.3 GUIDELINES FOR STAFF
Staff shall recognize that its primary function is to execute Council policy and to
keep the Council informed. Staff shall present the Council with all relevant
information, as well as alternatives, in an objective, succinct manner. The City
Manager and staff are committed to treating each Council Member equally.
(Updated on 12/11/12 3/12/13) 44
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner
to all requests made by individual Council Members for information or assistance,
provided that, in the judgment of the City Manager the request is not of a
magnitude, either in terms of workload or policy, which would require that it
more appropriately be assigned to staff through the collective direction of the City
Council. In terms of making this judgment, the following guidelines should be
considered: The request should be specific and limited in scope so that staff can
respond without altering other priorities and with only minimal delay to other
assignments; the request should only impose a "one-time" work requirement, as
opposed to an on-going work requirement; the response to the request should not
require a significant allocation of staff resources (generally defined as consisting
of more than one staff person, or a single staff person working on the issue in
excess of 1-2 hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole
or from the appropriate management superiors as may be the case. Staff is
directed to reject any attempts by individual Members of the Council to unduly
influence or otherwise pressure them into making, changing or otherwise
suppressing staff decisions or recommendations, or changing departmental work
schedules and priorities. Staff shall report such attempts to influence them in
confidence to the City Manager, who may inform the Council as a whole of such
attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a
Council Member designated by the City Council to represent the City in an
intergovernmental role (e.g., Membership on Joint Powers Authority), or relative
to a special assignment (e.g., a special task force).
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves
written material that may be of interest to other Council Members, the City
Manager will provide copies of the material to all other Council Members. In
making this judgment, the City Manager will consider whether the information is
significant or new or otherwise not available to the Council or of interest to the
Council.
(Updated on 12/11/12 3/12/13) 45
5.3.5 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as necessary
by individual Council Members, which cannot be fulfilled per the above
guidelines, should be raised by the individual Council Member under the
"Declaration of Future Agenda Items" category of a regularly scheduled City
Council meeting. If so directed by the collective action of the Council, then staff
will proceed to complete the work within Council established deadlines.
5.4 USE OF CITY LETTERHEAD
Staff will not prepare correspondence representing a Councilmember’s personal
point of view or a dissenting point of view from an official City policy or Council
position. If Councilmembers use their title, position, or City letterhead to express
a personal opinion, the letter shall state “I am writing this letter on behalf of
myself” and, the official City position must also be stated clearly so the audience
understands the difference/relationship between the official City position and the
viewpoint of the Councilmember. If a letter is written on behalf of the majority of
the City Council, the letter shall state “I am writing this letter on behalf of the
City Council”. A copy of any and all correspondence developed by or for a
Councilmember on City letterhead shall be provided to the City Manager and the
rest of the City Council. (Reso. 50-07), (Reso. 11-10), (part)
5.5 INPUT ON HIRING AND EVALUATION OF DEPARTMENT HEADS
5.5.1 HIRING
In an outside recruitment situation where the City Manager is hiring a Department
Head, the City Council, as a group will be invited to an informal social setting,
such as lunch, to meet the top candidates for the position. Following the event,
Council members will provide the City Manager with any comments regarding
the candidates prior to the final decision of the City Manager. (Reso. 46-10)
In an internal recruitment situation, the City Manager will provide the hiring plan
to the City Council in a closed session, and Council members will have an
opportunity for comments, prior to final hiring. (Reso. 46-10)
5.5.2 INPUT ON EVALUATION OF DEPARTMENT HEADS
Prior to the City Manager’s completion of the annual evaluation of each
Department Head (usually in December of each year), the City Council will be
asked to submit in writing, that will remain confidential, any comments they
would like the City Manager to consider in regard to the performance of the
Department Head. (Reso. 46-10)
(Updated on 12/11/12 3/12/13) 46
(Updated on 12/11/12 3/12/13) 47
CHAPTER SIX
ADVISORY BOARD PROCEDURES
6.1 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or
regional committees and boards. One Member of the Council shall serve as a
voting representative and one Member shall serve as alternate. (See 6.5 for
appointment procedures). To the best of their ability, Voting Delegates shall
reflect the majority view of the Council as a whole, rather than their own personal
opinions.
6.2 OTHER COUNCIL REPRESENTATION, SUBCOMMITTEES
6.2.1 COUNCIL LIAISON ASSIGNMENTS
The City Council shall assign a Council liaison to each of the following advisory
boards: Recreation & Parks Commission, Harbor Advisory Board, Public Works
Advisory Board, Community Promotions Committee, and Tourism Business
Improvement District Advisory Board. (Reso. 46-10), (part)
The purpose of the liaison assignment is to facilitate communication between the
City Council and the advisory body. The liaison also helps to increase the
Council’s familiarity with the membership, programs and issues of the advisory
body. In fulfilling their liaison assignment, members should either attend
advisory body meetings or watch the meeting broadcasts and maintain
communication with the advisory body on a regular basis. (Reso. 46-10)
Members should be sensitive to the fact that they are not participating members of
the advisory body, but are there rather to create a linkage between the City
Council and the advisory body. In interacting with advisory bodies, Council
Members are to reflect the views of the Council as a body. Being an advisory
body liaison bestows no special right with respect to advisory body business.
(Reso. 46-10)
6.2.2 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address
areas of concern and/or study.
(Updated on 12/11/12 3/12/13) 48
6.3 ROLE OF ADVISORY BOARD MEMBERS AT COUNCIL MEETINGS
6.3.1 INTENT
To honor advisory board deliberations, views and positions on issues before
Council; enhance communications between Council and their advisory bodies;
and allow participation and input by advisory board members.
6.3.2 COUNCIL AGENDA REPORTS
6.3.2.1 Recommendation Differences. For those rare occasions when
the City Manager recommendation differs from an advisory
board recommendation, the difference should be clearly noted.
6.3.3 COUNCIL MEETINGS
6.3.3.1 Members of an advisory board are free to appear and give
testimony before Council using the public microphone, after
identifying whether they are speaking as a representative of the
advisory board or as a private citizen.
6.3.3.2 Reports to Council must be in written form.
6.3.3.3 Advisory boards will provide quarterly written or oral reports
to the City Council on a rotating member basis. (Reso. 46-10)
6.4 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory
bodies do not have supervisory authority over City employees. While they may
work closely with advisory bodies, staff members remain responsible to their
immediate supervisors and ultimately to the City Manager and Council. The
members are responsible for the functions of the advisory board and the
chairperson is responsible for committee compliance with applicable policies and
procedures.
Staff support includes preparation of a summary agenda in conjunction with the
Chairperson, and preparation of agenda reports providing a brief background of
the issue, a list of alternatives, recommendations, and appropriate backup
material, if necessary. Members of advisory bodies are volunteers and should be
treated with respect and courtesy. Advisory board members should have
sufficient information to reach decisions based upon a clear explanation of the
issues within their charge. Sometimes members of advisory bodies may request
information not related to their area of service. Staff members should in this case
provide the same level of information and assistance as would be accorded any
(Updated on 12/11/12 3/12/13) 49
citizen. If in the judgment of staff the request goes beyond that standard, the
matter will be turned over to the City Manager. A staff person will be assigned to
serve as Secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate with the City Council
do so through adopted or approved Council agenda procedures. Staff members
shall assist the advising board to insure appropriate review and that City and State
legislation is complied with.
6.5 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to
appointment of volunteer citizens to the various advisory bodies of the City.
6.5.1 PURPOSE
The purpose of establishing these procedures shall be to insure that well-qualified,
responsible and willing citizens are given the opportunity to serve the City and
participate in the governing of their community. These procedures will apply to
all appointments and reappointments to standing advisory bodies.
6.6 PROCESS
6.6.1 QUALIFICATIONS
6.6.1.1 The applicant must be a resident and registered voter of the
City at the time and during the entire term of appointment,
unless excepted by State law or Council approved special
requirements in advisory committee by-laws.
6.6.1.2.1 The applicant must be at least 18 years of age at the
time of appointment.
6.6.1.2.2 Elected Officials, Officers and Employees of the
City of Morro Bay shall not be considered for
appointment.
6.6.2 TERMS
6.6.2.1 The term of office for each appointee to an advisory board
shall be a maximum of four years. The terms are staggered so
that in no event, will all terms on any committee expire in the
same year. Incumbents may apply for subsequent terms of
service. Terms of Office will expire on January 31, of the
specified year.
(Updated on 12/11/12 3/12/13) 50
6.6.2.2 Persons appointed to fill the remainder of a vacated office term
may reapply to serve on the same advisory board.
6.6.2.3 Mid-term appointment to a vacant seat shall not preclude the
appointee from serving additional terms.
6.6.2.4 As a general policy, an applicant shall not be appointed to
serve on more than one advisory board, except that a member
may also serve on one technical or special-purpose committee
at the same time. If appointed to another committee, he/she
will be expected to resign from one board upon being
appointed to another.
6.6.3 PROCESS
6.6.3.1 Applications are obtained and filed with the City Clerk’s
Office.
6.6.3.2 Prior to November 30, of each year, the City Clerk shall advise
the City Council of the terms that are due to expire on each
advisory board. The City Clerk shall also notify each advisory
member whose term is due to expire. Each of these members
shall be given the opportunity to apply for reappointment.
6.6.3.3 The City Clerk shall then place an advertisement in the local
newspaper, inviting citizens to apply for consideration as an
appointment to an advisory board, with instructions regarding
the application process.
6.6.3.4 It is recommended that applicants attend at least one meeting
of the advisory body applied for prior to the interview with the
City Council.
6.6.3.5 The City Council shall, in a noticed public meeting, interview
qualified applicants. In making appointments, the Council
shall strive for a representative cross-section of both lay and
professional knowledge. The Council will act by separate
motion on each appointment made.
6.6.3.6.1 Applicants not appointed will be advised and their applications
held for up to one year for consideration in the event of a future
vacancy.
6.6.3.6.2 Candidates not appearing for interview before the City Council
will be considered for appointment only upon a finding of the
City Council by motion that the absence arises from excusable
neglect.
(Updated on 12/11/12 3/12/13) 51
Council Report
TO: City Council DATE: February 20, 2013
FROM: Jamie L. Irons, Mayor
SUBJECT: Discussion on the Status of the City of Morro Bay and Cayucos Sanitary
District Waste Water Treatment Plant Project and Review and Approval of
Letters to State and Federal Legislators Regarding Support and Funding for
the Project
RECOMMENDATION
Discuss current status of the Wastewater Treatment Plant Project and review and discuss the
proposed letter and authorize changes to be made as approved by a majority of Council.
AGENDA NO: D-6 MEETING DATE: 2/26/13
Prepared By: ___JLIrons___ Dept Review:_____
City Manager Review: ________
City Attorney Review: ________
ADMINISTRATION ADMINISTRATIVE SERVICES FIRE DEPT. PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 955 Shasta Avenue
HARBOR DEPT. CITY ATTORNEY POLICE DEPT. RECREATION & PARKS
1275 Embarcadero Road 595 Harbor Street 850 Morro Bay Boulevard 1001 Kennedy Way
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
February 27, 2013
Senator _________
__________________
__________________
Dear Senator_________
The City of Morro Bay (and Cayucos Sanitary District) is (are) embarking on a new and exciting
path replacing our aging Waste Water Treatment Plant. As a result of significant coastal hazards
and at the direction of the California Coastal Commission, we will be moving the plant from its
existing location, near the beach, to another more inland location that has yet to be determined.
We are writing as a proactive measure to alert you and your office to this project and to also let
you know that we will likely be seeking additional funding for this large public infrastructure
project. This endeavor will likely be the most expensive project the City of Morro Bay will
undertake and we anticipate needing grants, and/or low interest loans to develop and construct
the plant, enabling the rate increases to the Morro Bay residents be kept at a palatable level.
As we continue to make progress with this project, we will keep you and your office informed
and we appreciate you putting the City of Morro Bay on your “radar screen” for any funding
opportunities that may be available or become available in the near future. Thank you; the City
of Morro Bay and its residents sincerely appreciate any help that you may be able to provide.
Sincerely,
Jamie L. Irons
Mayor